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USW@Work (ISSN 0883-3141) is published five times a year by the United Steelworkers, AFL-CIO•CLC, Five Gateway Center, Pittsburgh, PA15222. Subscriptions to non-members: $12 for one year; $20 for two years. Periodicals postage paid at Pittsburgh, PA and additional mailing offices. POSTMASTER: Send address changes to: USW@Work, USW Membership Department, 3340 Perimeter Hill Drive, Nashville, TN 37211

Copyright 2007 by United Steelworkers, AFL-CIO•CLC. All rights reserved. No part of this publication may be reproduced without the written consent of the United Steelworkers.

Direct Inquiries and articles for USW@Work to:United Steelworkers

Communications DepartmentFive Gateway CenterPittsburgh, PA 15222phone 412-562-2400

fax 412-562-2445on-line: www.usw.org

Communications Staff: Marco Trbovich, Assistant to the President/CommunicationsGary Hubbard, Director of Public Affairs, Washington, D.C.

Jim McKay, EditorAaron Hudson and Kenny Carlisle, Designers Lynne Baker, Kelly Barr, Jim Coleman, Deb Davidek, Gerald Dickey,Joanne Powers, Wayne Ranick, Frank Romano, Scott Weaver,Barbara White Stack

InternationalExecutive Board

USWPOWERcast INSIDEUSW@WORK

Official publication of the United SteelworkersVolume 02/No.1 Winter 2007

Goodyear SettlementSolidarity helped bring about a settlement to a strike atGoodyear tire and rubber plants in the United States andCanada.

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ASARCO SettlementUSW-represented copper workers win unprecedented con-tract victory against a company that had been hell-bent onwiping out retiree benefits and busting the union.

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Milwaukee IronSteelworkers at Harley Davidson's Milwaukee facilitiesensure expansion in the famous motorcycle's hometown.

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Legendary USW Leaders PassFormer President Former General CounselGeorge Becker Bernie Kleiman

Labor never quits.We never give up

the fight — no matterhow tough the odds,no matter how long

it takes.

“

”George Meany American labor leader, 1894-1980

Features:Speaking OutWorker EconomicsNews BytesCAPITOL LETTERS

03163639

Leo W. GerardInternational President

James D. EnglishInt’l. Secretary-Treasurer

Thomas M. ConwayInt’l. Vice President

(Administration)

Fred RedmondInt’l. Vice President

(Human Affairs)

Ken NeumannNat’l. Dir. for Canada

Richard LaCosseInt’l. Vice President

Gary BeeversInt’l. Vice President

James H. DunnAssociate Secretary-Treasurer

Ron HooverExec. Vice President (R/PIC)

Lewis PeacockVice President (Organizing)

James K. Phillips, Jr.Vice President at Large

DirectorsDavid R. McCall, District 1

Jon Geenen, District 2Stephen Hunt, District 3

William J. Pienta, District 4Michel Arsenault, District 5

Wayne Fraser, District 6Jim Robinson, District 7

Ernest R. “Billy” Thompson, District 8Stan Johnson, District 9John DeFazio, District 10

Robert Bratulich, District 11Terry L. Bonds, District 12

J.M. “Mickey” Breaux, District 13

Co-DirectorsGerald P. Johnston, District 1

Lloyd Walters, District 9Kenneth O. Test

POWERcast is the United Steelworkers’ internet radio program, a fast newway to get union news and reports of interest to all working families. To subscribe, click on the POWERcast logo at WWW.USW.ORG.

ONTHECOVERMike Pate, of Troy, Tenn., wears a hard hatexplaining his position on replacement Scab workers at Goodyear.AP Photo/The Jackson Sun, Andrew McMurtrie

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Compassion and professionalismI would like to take this opportunity to

say how impressed the members of Local4370 in Point Comfort, Texas are with tworepresentatives of the USW Health, Safety,and Environmental Department.

On Jan. 2, the worst thing that couldhappen in a workplace — a fatality —became a reality for us. Brother JohnDorton, 37, an electrician/instrument tech-nician and USW member, lost his life in anindustrial accident.

Staff Representative Jerry Storms guid-ed us to the USW Emergency ResponseTeam Hotline (866-562-3480). Within 20minutes, I was contacted by Duronda Popeand Steve Sallman from the Health, Safety,and Environmental Department. In trueSteelworker form they arrived on the scenewithin hours.

Brother Sallman dove right into theinvestigation with Mine Safety and HealthAdministration (MSHA) representativesand our local union investigators. Hisknowledge and professionalism providedBrother Dorton with representation anddignity in death, as he had in life.

Sister Pope, with her soft-spoken com-passion, provided our deceased brother'sfamily with the right information to allowthem to begin healing.

On our darkest day, the USW providedBrother Dorton, his family, and the 430members of Local 4370 the compassionand professionalism needed for us to moveon with our work and lives.

Clay Maxwell, President USW Local 4370, Point Comfort, Texas

Safety firstIn the fall issue of USW@Work, I

noticed a few things that should have beencorrected. We are always preaching safetyfirst. Let's practice what we preach.

Page 12 shows Ms. Jendrejeski pullinga test in front of a furnace and a gapinghole that she could quite easily fall into.Her aluminized coat isn't fully closed invit-ing the possibility of her being burned bymolten steel.

Also observed on page 35 was the

second-place winner of the photo con-test, "The Inspector." The employee pic-tured is climbing or simulating the climb-ing of a barrel ladder with something in hishands. Anyone climbing a ladder shouldnot be holding material or equipment.

We need to show a good example whenwe say safety first. Many of our fellowworkers are injured or killed just trying toearn a living for their families. Thank youfor allowing me to express my views.

Edward H. Breach, Safety Coordinator USW Local 1688, Steelton, Pa.

Steelworker Toys for Tots I am writing about a great bunch of

union brothers and sisters — Local 4889-3from Morrisville, Pa.

Wanting to do something for the localU.S. Marine Corps Reserve Toys for Totsdrive, we set a goal of 50 gifts. Well, witha strong sense of Steelworker pride, weraised over 150 plus bicycles and scooters.I am very proud of this group.

Chris Chapman, Unit PresidentUSW Local 4889-3, Morrisville, Pa.

We made a differenceCongratulations brothers and sisters on

the results of the November election! TheRapid Response program and all of thehard work of its teams helped turn thetable on the corporate government that istearing apart working families. The labormovement worked tirelessly to help electthese candidates. We need to turn up theheat once again and pressure them to sup-port legislation that supports us! This elec-tion showed that if labor works togetherwe can accomplish amazing things.

Dan PetersonUSW Local 10-86, West Point, Pa.

State of health careMy husband is a member of USW

Local 1343 District 2. I read each issue ofUSW@Work from cover to cover as theunion and the magazine speak on issuesthat are important to my family and me.

One of those extremely important issuesis health care. The state of health care in

our nation is of extreme concern to usbecause I am afflicted with the horribledisease of Rheumatoid Arthritis andOsteoarthritis.

My husband and I were outraged afterreading the article entitled MedicalTourism (Vol. 1/5 Fall Issue). It is outra-geous that the health of workers hasbecome a commodity to be outsourced tosome third world country that may nothave the proper technology or equipmentto provide proper health care to its owncitizens.

Elizabeth S. BallCudahy, Wis.

Goodyear strikers fought for allLet's not forget the workers at

Goodyear. They walked to protect the dig-nity of retirees everywhere. This fight wasabout protecting our retirees.

For those of you who still have benefits,remember you are just one contract awayfrom the company trying to take your ben-efits away. Only our union stands there tofight for us.

We are all under attack by CorporateAmerica.

Steve SkvaraValparaiso, Ind.

Time for a changeHurray for the United Steelworkers

strike against 16 Goodyear plants in theUnited States and Canada. Perhaps this isthe beginning of needed change.

I am a middle-aged office worker inPennsylvania, who has been laid off fromgood jobs twice in the past five years.Now I have a "crap job." I have to live offsavings just to exist. I wish office workerscould be unionized.

It's long past time that something wasdone to change the plight of the Americanworker. I wish we could see a meaningfulincrease in all union activities.

Janis SimonsBoyertown, Pa.

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USW active and retired members and their families are invited to “speak out” on these pages. Letters should be short and to the point. We reserve the

right to edit for length. Mail to USW@Work, Five Gateway Center, Pittsburgh PA15222 or e-mail to [email protected].

Speaking OutSpeaking Out

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eorge Becker never backed down from a fight. Andso it was with his long and painful battle with prostatecancer, which he resisted with the same relentless

spirit that characterized much of his life and leadership. A second-generation steelworker who became the sixth

international president of the United Steelworkers (USW),Mr. Becker finally succumbed to the illness Feb. 3 at hishome in Pennsylvania, surrounded by his family. Hewas 78.

Mr. Becker, who served seven years asthe union's international president,was a respected union organizerand strategist and an internation-ally-known spokesman forindustrial safety, workers'rights on the job and fairglobal trade. He waselected president in1993 and again in 1997.

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"George did as much as any presidentin our history to strengthen our union,''said USW President Leo W. Gerard,who served as international secretary-treasurer under Becker and succeededhim as president in 2001. "He was apowerful voice for the interests of ourmembers. He had a unique ability togive voice to the frustrations and con-cerns of workers, their right to be treatedwith dignity and decency — values hebelieved in deeply."

Internally, Mr. Becker convinced theunion's executive board to take a his-toric step in consolidating the USW'sadministrative districts in the U.S. from18 to nine and the size of the ExecutiveBoard correspondingly. The moveincreased the efficiency and politicalstrength of the Union. He also persuadedhundreds of smaller local unions to joinforces by amalgamating for the samereasons.

Inspired member activismHe also orchestrated mergers

with the United Rubber Workersand the Aluminum, Brick andGlass Workers Union, bringing140,000 new members to theUSW.

Whether it was a local strike or aninternational trade battle, Mr. Beckersought to involve the USW membershipthrough education and mobilization. Helaunched the union's pioneering RapidResponse program, which activatesworkers and their local unions to lobbyCongress and state legislatures on issuescrucial to them, and the LegislativeLeadership Program in Washington,D.C., which provides member-activistswith training in lobbying and politicalaction.

Rapid Response was created by Mr.Becker to influence legislative decisionmaking after he cut off "soft money"contributions to political parties becausethey were not sufficiently effective insupporting the USW members' interests.

"George's legacy within the union isthat he put a lot of attention into whatwe call empowerment today. Hebelieved there is tremendous power inthe union and that we have to harnessit," said USW Secretary-Treasurer JamesEnglish, who served as Mr. Becker'sexecutive assistant for seven years.

Prior to his election as president, Mr.Becker served two terms as the union'sinternational vice president for adminis-

tration starting in 1985. He chaired theunion’s Aluminum Industry Conferenceand led its collective bargaining in thatindustry.

In 1986, a year after he became vicepresident, Mr. Becker was put in chargeof mobilizing members for what becamea long lockout by USX Corp., the firstlabor dispute since 1959 against what isnow U.S. Steel.

Combating corporate renegadesMr. Becker also led the union's orga-

nizing program as vice president andorganized several major corporate cam-paigns, the best known of which target-ed Ravenswood Aluminum, a WestVirginia company that in 1990 lockedout 1,700 USW employees and hiredpermanent replacements. The conduct ofthe campaign is chronicled inRavenswood, The Steelworkers' Victoryand the Revival of American Labor, byTom Juravich and Kate Bronfenbrenner.

The fight at Ravenswood, led byfugitive international financier MarcRich of Switzerland, took the unionacross international borders in Europeand South America as it appealed forsupport from companies, customers andfinancial backers.

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In 1992, the permanent replacementswere fired and Steelworkers returned totheir jobs at Ravenswood. It was a victo-ry both for workers in the small town ofRavenswood and for the entire labormovement, proving that unions couldstill win, and win big against a large cor-poration.

Immediately following the mergerwith the Rubber Workers union, Mr.Becker led a similar 28-month world-wide campaign against Bridgestone/Firestone, which had fired 6,000 work-ers. That campaign also resulted in anew contract and the return to work ofthousands of our union's members.

Mr. Becker shifted more of theunion's resources into organizing andplayed a leading role in promoting the1995 election of John J. Sweeney aspresident of the AFL-CIO. Who ran on acampaign to revitalize the labor move-ment.

Championed fair tradeNowhere was Mr. Becker's voice

more powerful, though, than in thestruggles against unfair trade, an issuethat held his interest into retirement asan appointed member of the U.S.-ChinaEconomic & Security Review

Commission. Mr. Becker also served onthe U.S. Trade Deficit ReviewCommission and during the Clintonadministration was a member of thePresident's Export Council and the U.S.Trade and Environmental PolicyAdvisory Committee.

In the continuing fight for the sur-vival of the steel industry, Mr. Beckerwas instrumental in establishing StandUp for Steel, an alliance of the unionand steel producers that fights unfairtrade practices, including the illegaldumping of foreign steel on U.S. mar-kets.

Mr. Becker was a tireless opponent ofthe North American Free TradeAgreement (NAFTA), which he relent-lessly indicted for wiping out hundredsof thousands of family-supportive U.S.jobs. He led the union's executive boardmembers on trips across the border towitness Mexican workers living inabject poverty while working in state-of-the-art plants owned by U.S.-based com-panies in the maquilladoras.

"NAFTA was the greatest betrayal ofworkers in my lifetime," Mr. Beckersaid while president. "NAFTA wasnever intended to protect workers —

NAFTA was intended to protect indus-trialists and bankers. The only institutionthat protects working people is the unionmovement."

Up from the shop floor He got an early look at industrial life

and unionism. As a boy, Mr. Beckergrew up yards from his father's employ-er, Granite City Steel in Illinois, wherethe heat was so intense it penetrated thedoorway to the family home. In 1944,at 15, he took a job on an open hearthlabor gang.

His early work background alsoincluded stints of employment as a craneoperator at General Steel Castings andas an assembler at the General MotorsFisher Body plant in St. Louis.

He twice served the country in itsarmed forces, first as a Marine towardthe end of World War II and again dur-ing the Korean War, when he was draft-ed into the U.S. Army, owing to a criti-cal shortage of light weapons infantryleaders.

On July 21, 1950, he married JaneGoforth, who supported him in hisadvocacy for workers for more than 56years, along the way establishing herselfas an accomplished political organizer.

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In those early years, Mr. Beckerhired on at a new Dow Chemical alu-minum rolling mill in Madison, Ill. Hebecame a shop steward for Local 4804,local treasurer and then vice president.By 1961 he was the local union's presi-dent.

Tom Griffin, an international staffrepresentative, took Mr. Becker underhis wing, encouraged him and taughthim to debate, to bargain and to costout benefits. By 1965, Lloyd McBride,then director of the former District 34,appointed Mr. Becker as a staff repre-sentative in Granite City.

A breath of fresh airIt was as a staff representative that

Mr. Becker came into contact with theadverse effects of lead poisoning at aplant he serviced, National Lead, andhis outrage over what he saw there ledhim to become an expert on occupa-tional health issues.

Workers at the plant were punchdrunk with lead poisoning. Mr. Beckerdiscovered that the employer was sav-ing money by nightly turning off thebagging system used to purify the air.Reforms were initiated, including cleanchanging rooms, mandatory showers

before leaving work and lead testing forthe plant's neighbors. He soon waspressing for safety and health reformsthroughout the district and the union.

That activism led to his appointmentas a technician in the union's health andsafety department at Pittsburgh head-quarters and to meet former PresidentLynn Williams, then director of District6 in Canada.

In 1969, Mr. Becker testified as anexpert witness on lead poisoning beforeCongress as it was debating the estab-lishment of the Occupational Safety andHealth Act (OSHA).

In the mid-1970s, Mr. Becker wasinstrumental in proposing OSHA safetystandards for exposure to lead and forthe use of arsenic. As a result of hisefforts, workers who are exposed tolead must be removed from exposurewithout loss of pay and cannot bereturned to work until blood lead levelsare reduced.

Led McBride's campaignNear the end of I.W. Abel's tenure as

third president of USWA, Mr. Beckertook a leave of absence from the head-quarters staff to run the campaign ofthen District Director Lloyd McBride

for president of the union against a dis-sident challenger, Edward Sadlowski,Jr. McBride won the 1977 election andnamed Mr. Becker an assistant toWilliams, who had just been elected theunion's international secretary.

After Mr. McBride died in office in1983, Williams ran for interim presidentand was elected. In 1985, Mr. Beckerran for election as vice president on theWilliams slate, replacing the retiringJoe Odorcich.

Williams was another mentor to Mr.Becker. When Williams retired, he pro-posed that Mr. Becker lead the teamthat succeeded him. Mr. Becker becamethe first person since USW founderPhillip Murray to be elected presidentof the union without an election chal-lenge or without the death of a prede-cessor.

Mr. Becker is survived by his wifeJane; three sons, George, Greg, andMatthew; 10 grandchildren; five greatgrandchildren; and a sister, JacquelineStraus. He was interred at St. John'sCemetery in his hometown of Granite,Ill. The family has asked that anydonations in Mr. Becker's name bedirected to Habitat for Humanity.

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f there was one thing that helpedbring about a settlement to a bitter 86-day strike at Goodyear, it was solidar-

ity — workers and communities stickingtogether.

"The credit really belongs to ourmembers and their families, whose soli-darity prevented the company fromshort-changing them, despite all of itsattempts,'' USW President Leo W. Gerardsaid after a new three-year contract wasapproved.

That solidarity came not just fromwithin the United Steelworkers and itsnearly 15,000 members at 16 productionsites in the United States and Canada, butfrom the labor movement at large, andfrom the communities where Goodyearoperates tire and engineered rubber prod-ucts plants and retail outlets.

People across the country donatedfood, firewood and both moral and finan-

cial support. They stood in soli-darity with our members on

the picket lines, and helped to sustaintheir resolve during difficult times —especially the Thanksgiving andChristmas holidays.

Fight for the middle class"The community did not just see us as

'those poor men and women on the pick-et line over there,' " said David Prentice,political coordinator for USW Local 2 inAkron, Ohio, where Goodyear is head-quartered. "They identified with us astheir brothers and sisters in the fight tohold onto the middle class and anAmerica that takes care of one another."

The USW and Goodyear, the world'sthird-largest tire maker, reached a tentativethree-year agreement on Dec. 22 to end thestrike that began Oct. 5 over issues includ-ing retirement, security and jobs.

USW members returned to work justafter the New Year, and temporaryreplacement workers — jeered as scabsfrom the picket lines — were sent pack-

ing. In some places, strikers waved mockpink slips and Donald Trump "You'reFired!" signs as the replacementspunched out for the last time.

Picket lines remained strong. In theend, less than 3 percent of USW mem-bers listened to Goodyear's pleas andcrossed, despite the extraordinary finan-cial pressures that they and their familiesfaced.

Members like James Merriner, Jr.,who had 32 years of service at a rubberproducts plant in Marysville, Ohio,protested Goodyear at a NASCAR eventin New York and marched the picketlines at his own plant and in Akron,where his father, James Sr., retired after40 years of service. Father and son tooktime to picket together.

The senior Merriner was concernedand bewildered by Goodyear's attack onretirement benefits and was worried thathe could not afford changes on a fixedincome.

GOODYEAR CONTRACT

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"I think when a man retires fromGoodyear with a contract, that's the wayit should be. He's earned his retirementwith no givebacks,'' James Sr. said.

The support strikers received wasevident in both large and small waysranging from a massive National Day ofAction at Goodyear retail locationsaround the country to individual dona-tions from retirees, neighbors, mer-chants, churches, other unions and pro-gressive organizations.

On Dec. 17, just days before the finalround of negotiations resumed after along hiatus, an estimated 50,000 unionmembers and supporters turned out athundreds of Goodyear retail locations toprotest and boisterously tell consumershow the company was treating itsemployees. It was the single largestlabor protest in the United States in atleast 15 years.

Standing shoulder-to-shoulder"Special thanks go out to all of our

AFL-CIO union affiliates, activistgroups, community organizations, busi-nesses and public officials who not onlyunderstood our struggle, but stood shoul-

der-to-shoulder with us," Gerard said.Even with the USW paying out about

$1.5 million a week in strike benefitsthrough the locals, the financial toll onmembers was incalculable, what withwinter heating bills, mortgages and rent,medicine, food and other expenses.

USW members in both the U.S. andCanada raised funds through plant gatecollections and distributed turkeys andother food for the holidays. Christmastoy drives helped children enjoy the hol-idays. Staff members at the USW andthe AFL-CIO kicked in too.

Giving is a USW tradition"Generosity is a steelworker tradi-

tion," Wayne Fraser, the USW'sOntario/Atlantic Director in Canada,said after members in Sudbury and SaultSte. Marie raised more than $15,000 in aweek.

In Topeka, Kan., a car dealer donated$10,000 to Local 307 just beforeChristmas because many of his friends,neighbors, relatives and employees hadworked at Goodyear.

In Tyler, Texas, 22-year Goodyearemployee Ronnie Dickson and his wife

Kim set up a "Kelly Kids" fundraiser toprovide toy store gift cards for 655 chil-dren whose parents were on strike.

"I'm proud of the people I workwith," Dickson said on the 62nd day ofthe strike as Christmas neared. "I'mproud people are still out. It's somethingwe believe in and are fighting for, sowhy punish our children over it."

United Auto Worker Local 686 char-tered a school bus to bring food, toysand other Christmas supplies to strikingworkers at the Goodyear-Dunlop plantin Tonawanda, N.Y.

"We wanted to make sure they hadmeals and toys for the kids," said Local686 member Jim Krolikowski. "With allthe uncertainty in the business rightnow, it could very easily have been uson strike."

Michael Shupe, of Fayetteville, N.C.,recalled how one fellow striker wasgiven $200 from others on the picketline when they found out he needed totravel because of a death in the family.

"That's what these people are allabout,'' Shupe said as the strike ended."They're family."

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he contract campaign and subsequent strike at Goodyear required the USW to push its communications efforts out to newparameters.

In addition to distributing Solidarity Alerts and Bargaining Updates to our members, we maintained a negotiations website and posted information to the USW web site. As the strike wore on, we added Investor Alerts and another web site for WallStreet and the investment community.

Local, national coverageEach local had designated media contacts that worked in conjunction with the International to make sure our stories were get-

ting covered by newspapers and broadcast media. These efforts resulted in solid print, radio and TV coverage in local as well asnational markets, contributing to unprecedented levels of community support at our strike locations.

We purchased billboard space and ran a series of radio spots in our plant communities. Later, media buys were expandednationally to coordinate with demonstrations at major cities throughout all USW districts and the AFL-CIO's National Day ofAction. That effort included radio spots in New York during NASCAR week, as striking workers joined USW staff and others inthree days of actions and protests in the heart of Manhattan.

The Wall Street Journal ran a major story on our "viral marketing campaign" after we posted our TV and radio spots on thepopular YouTube Internet site. On the first day, our TV spot jumped into the Top Twenty most viewed videos.

Media push pays offAs the campaign escalated and we bore down on Goodyear, the USW bolstered its efforts by contracting with a noted

Washington, D.C. labor public relations firm. We extended our media push into more national markets by further publicizing ourrallies and demonstrations, and through placing opinion and editorial pieces in newspapers all around the country.

In the end our efforts paid off. Our members remained solid on the picket lines. The communities gave us great support, andGoodyear and Wall Street recognized that the only solution was returning to the bargaining table and negotiating a fair and equi-table contract.

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he battle for health care and good jobs was a call to armsfor all union members. Goodyear's attempt to cut health

care benefits for retirees was of enormous concern to everyone.CWA’ers were proud to join the USW in this fight and to helpbring about victory.

"This kind of solidarity is the thinking behind the creation of aSteward’s Army, a force of volunteer activists and stewards fromevery union. At the CWA, we're building a Steward’s Army of50,000 activists who will mobilize around critical issues like theEmployee Free Choice Act, industry campaigns and national issuessuch as health care reform.

"We all need to understand the direct connection between bar-gaining rights and our health security, retirement security and jobsecurity — and it's all on the line today. The squeeze on the middleclass — working families' health care, living standards and goodjobs — is no accident."

he Goodyear strike was important to the entire labormovement. We considered it to be a very strategic

strike because Wall Street and all of the companies hadtheir eyes on Goodyear.

"If Goodyear had been able to take away retireehealth care and impose some of the other draconian cutsthey talked about, as the first one out of the box this year,everybody else would have wanted the same thing fromevery other union and from all other working people.

"So we were able to break that cycle, put down amarker that says when people earn benefits, when theyearn a pension and retiree health care, the entire labormovement is going to stand behind them and make surethey get what they earned."

e were proud to stand with the Steelworkers. We had about25 local coalitions around the country engage in leaflet

actions on the Dec. 16 National Day of Action and we participatedin protests against Goodyear at NASCAR events in New York.

"It was easy to get support for the strikers because peopleunderstood this was an important campaign for all working people.The issues with Goodyear — job security, retirement security —involve not just Goodyear workers. They are issues for all of work-ing America.

"If Goodyear had been allowed to do the things that it wanted, itwould have emboldened other companies around the country andthe world to do the same thing. We had to stop them."

n many ways, the Goodyear struggle was a bil-lion-dollar battle over the preservation of family-supporting industrial jobs and America's middle

class.When bargaining started last year in this round of

rubber industry negotiations, it quickly becameapparent that Goodyear was going to be difficult.

We turned instead to BFGoodrich, a unit ofMichelin Group, and negotiated a contract that wasintended to be a pattern for the rest of the industry.The agreement retained health care coverage forretirees, saved defined benefit pensions, protectedUSW-represented plants from closure and protectedwages of current members.

But Goodyear ignored industry tradition andrefused to settle on that basis. Apparently embold-ened by others in manufacturing slashing health carecoverage, reducing wages and shifting productionoffshore, Goodyear management demanded moreadvantages than their competitors had bargained.

Past sacrifice ignoredGoodyear's proposals were especially insulting

because they came just three years after USW mem-bers made major sacrifices that brought the compa-ny back from the brink of bankruptcy and restoredits profitability.

"Three years later, Goodyear amassed over $1billion in cash. The stock had increased in value by500 percent. The bosses paid themselves multi-million dollar bonuses," said Ron Hoover, R/PICexecutive vice president. "Everybody had done wellexcept the workers."

Although other stakeholders had benefited fromGoodyear's turnaround, we were ignored for rewardseven though we took the hard steps that made thedifference. Those steps included accepting wage,pension and health care cuts, improving plant pro-ductivity, and allowing the closure of a plant inHuntsville, Ala.

Instead, Goodyear wanted additional concessionsand plant closures that would have furthered its abil-ity to outsource more jobs and the productive capac-ity of our plants. Since 2004, Goodyear hadinvested millions in overseas production

• Defended health care for current and future retirees against company attack by securing a $1 billion-plus, company financed benefit trust.

• Tripled to $550 million the company's commitment to invest in USW-represented plants.

• Protected at least 90 percent of product ticket and manning levels.

• Secured wages with grandfather protection for all current employees.

• Won continuation of COLA payments.

• Restored two-year frozen pension credit with $55 multiplier.

• Preserved affordable quality health care coverage.

• Won right for all members to return to work with full seniority for time on strike plus 24 hours of pay for missed holidays.

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including a plant in China, a joint venture tire factory that paysits employees 42 cents an hour.

That initial stance flew in the face of our primary objectivesof securing jobs by obtaining major capital investment in ourplants and protecting more than 30,000 retirees and survivingspouses from major increases in health care costs.

Initial proposals from the company called for closing up tofour USW-represented plants, eroding retiree health care andgutting wages and medical benefits. It also sought to eliminateCOLA and impose a two-tier wage and benefit package.

Under the company's demands for wage restructuring,almost 70 percent of the work force would have been forced totake big cuts. Many of us would have been required to workside by side with new employees earning a lot less and receiv-ing zero benefits and vacation time.

"We said no," said John Rutherford, president of USW Local843 at Goodyear's engineered products plant in Marysville,Ohio. "This was one of those struggles we didn't ask for. But itwas a struggle we couldn't walk away from. It was a struggleAmerica couldn't afford for us to lose."

Negotiations began in June and there were many months ofintensive bargaining. By the time the company forced us out onstrike Oct. 5, we were still facing demands for multiple plantclosings and short-changing of retiree benefits.

Goodyear borrows $1 billionGoodyear management wanted to push its retiree health care

obligations off the company's books and onto a trust fund. Butit wanted to finance the fund only at an irresponsibly low level.

Adding insult to injury, Goodyear hired replacement workersnot long into the strike and announced the closing of its Tyler,Texas, plant. It borrowed $1 billion to fight the strike and issuedanother $1 billion in unsecured notes that were gobbled-up byWall Street speculators.

The tentative dealreached Dec. 22 andratified shortlyafterwards

offered a range of protections to Goodyear employees that wereentirely absent from the original proposals that drove us out onstrike.

"Goodyear borrowed a billion dollars to try and break ourstrike and we took it away from them," said USW VicePresident Tom Conway, who headed the union’s Goodyear bar-gaining team.

Significantly, the contract protects retiree medical coverageby securing initial funding of more than $1 billion for a benefittrust. That's an 80 percent increase from the company's pre-strike proposal of $560 million.

We also enhanced the ability of USW-represented plants tomeet the challenges of global competition by requiringGoodyear to invest $550 million in them, triple its previouscapital investments.

Globally competitive"To secure jobs, we had to obtain enough money to keep our

plants globally competitive,'' said Conway. In addition, the agreement required Goodyear to rescind its

demand for immediate closure of the Tyler plant and insteadprovide a one-year transition during which workers can takeadvantage of retirement buyouts.

Despite efforts by the international and local leaders andstrong support from the community in Tyler, Texas, plant secu-rity could not be won there beyond the end of 2007.

Although we're not happy with the outcome at Tyler, theunion was able to ensure that the tires now built there willhave to be produced at other USW-represented facili-ties as long as Goodyear stays in that market.

U S W @ W o r k • w i n t e r 2 0 0 7 13

GOODYEAR CONTRACTA

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14 w i n t e r 2 0 0 7 • U S W @ W o r k

SW-represented workers at Stora Enso in CentralWisconsin broke new ground in paper industry bar-gaining with a contract that enhances job, retirement

and health security.The contract, approved by a majority of 1,410 USW

members at facilities in Stevens Point, Whiting, Biron andWisconsin Rapids, is a strong first step in turning around thelack of pattern bargaining that has plagued paper industryunions for decades.

“The membership voted in support of a new direction andstrategy for unions in the paper industry,” said TomPeplinski, who chaired the USW’s Stora Enso bargainingcouncil.

“We have shown Stora Enso that we will fight together toachieve our goals, that we will leave no one behind, and thatthey too can prosper in the end, if they choose to work withus,” he added.

Local and International representatives worked together tocreate an agreement that gives workers greater job and eco-nomic security while providing Stora Enso the work restruc-turing it needed to succeed in the highly competitive paperindustry.

In addition to security, the contract provides wages, healthcare benefits and pensions to USW members who are at thetop tier of the paper industry.

“This was truly an example of how the USW and papermanagement can negotiate to ensure the success of theindustry and the well-being of the workers who make it allpossible,” said USW Vice President Richard LaCosse.

Contract breakthroughsThe breakthroughs at Stora Enso included common con-

tract expiration dates among USW-represented facilities.Undoubtedly, this will strengthen our bargaining power.

The company also agreed to stay neutral in USW organiz-ing drives at its non-union plants and to not interfere withworkers’ rights to form a union.

In a first for the paper industry, the contract containsunprecedented job security language. No active employeewill lose permanent employment as a result of the contract-ing, work restructuring or work competitiveness provisionsof the labor agreement.

If one of the USW-represented Stora Enso facilities is sold,leased or transferred, successor language guarantees that thenew owner has to honor the existing agreement until its expira-tion date.

The union also won the right to review the company’s con-tracting out plans and to propose ways to perform the work inhouse on an equal or lesser cost basis. The reviews are subjectto arbitration.

Wages hikes, signing bonusThe five-year contract, which is retroactive to the original

expiration date and expires March 31, 2010, gives workers a 9percent increase in base wages (3 % at ratification, 3 % in 20months and another 3% in 32 months). Additionally, a $3,000signing bonus was due at ratification.

Stora Enso will pay 80 percent of the health care premiumsfor active employees. There is a 73 percent increase in the pen-sion multiplier raising the amount paid per year of service from$40 to $55.

Workers will have a voice in the redesign of how they dotheir jobs. Once they finish the transition to a team-based, cus-tomer-focused and self-directed work system, they will receivea $1,000 bonus.

When Stora Enso’s business improves, the workers will ben-efit monetarily. The USW will have a say in the targets, rulesand procedures established for the gain-sharing, which couldamount to as much as $1,000 per quarter for each employee.

This was truly an example ofhow the USW and paper

management can negotiateto ensure the success of theindustry and the well-beingof the workers, who make it

all possible.

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Richard LaCosse,USW International Vice President

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U S W @ W o r k • w i n t e r 2 0 0 7 15

The USW will also have a voice on theStora Enso European Work Council, whichlooks at company issues ranging fromfinance to long-term strategic planning.There also will be a USW representative atdivision cooperation meetings.

Members mobilizedMobilization of the membership plays a major

role in the national paper bargaining program, andnegotiations for the Stora Enso contract was no excep-tion.

“The approach of the representatives was measured,thoughtful and helpful,” said Local 1306 memberJohn Loomis. “They kept us informed and up-to-date.”

“There were more information meetings andwritten notices put out on the contract this time,”said Steve Orlikowski, a Local 359 member.“Because people were so informed, we got a bettercontract.”

Every Tuesday Local 359 members wore theirblue USW T-shirts to mobilize for a good contract. “Westuck together as a team,” said Local 359 member BrianItzen. “The Whiting mill was pretty blue on Tuesdays. Itbrought us all together and it made management realizethe people were thinking about the contract.”

Orlikowski’s local used a network of members toget the word out. He said the national paper bargain-ing program also influenced the negotiations.

“It unified people,” Orlikowski said. “Throughnational paper bargaining and the efforts to getinformation out, members were a lot clearer aboutwhat was involved in negotiations. They got the big-ger picture.”

Itzen said he did not think the local would havegotten as much without the national paper bargainingprogram. He said the new contract builds a base forfuture negotiations.

“In three years when we next negotiate we’ll have alot more people to put their foot down and secure thefuture for everybody,” he said.

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16 w i n t e r 2 0 0 7 • U S W @ W o r k

WorkerEconomicsWorkerEconomicsUnion Representation Petitions Drop

nion representation petitions to the National Labor Relations Board droppedby more than 25 percent in 2006 — evidence that the current system remainsbadly broken.

Meanwhile, illegal firings for union activity have risen sharply, with about one infive union activists who tried to organize being fired since 2000, according to a newstudy by the Center for Economic Policy Research.

In a year-end report, the labor board said it handled 3,643 representation casesduring the last fiscal year, a 25.6 percent decrease from 4,894 in fiscal 2005.Petitions to deauthorize bargaining units have also risen.

AFL-CIO President John Sweeney said the decline in representation petitions isevidence that the current NLRB system is so broken that working people have aban-doned using it.

Executive Cash Bonuses Skyrockethile most of us are struggling to maintain health care coverage and modeststandards of living, top corporate executives are awash in ever-rising cashbonuses.

Even Wall Street noticed at year's end when Goldman Sachs gave its chief execu-tive, Lloyd C. Blankfein, a record bonus of $53.4 million.

The highest paid executives last year received a 48.2 percent increase in their annu-al cash bonus and were paid 31.2 percent more total cash compensation, according todata compiled by the Economic Research Institute from 45 publicly traded companies.

For the highest paid executives, the average base salary last year was $1,273,978.The average cash bonus was $3,521,615. Average total cash compensation hit$4,795,096.

Steel Imports Hit Recordhe United States imported a recordamount of steel in 2006, anothersign that our government must

address unfair trading practices by Chinaand other Asian exporters.

Preliminary data from the CensusBureau indicated that steel imports couldreach 46 million tons once final figuresare in for last year, besting the previousrecord of 41.5 million tons set in 1998.

Much of the import increase stemsfrom countries with a history of unfairtrading including China and India,according to the American Iron and SteelInstitute (AISI), which represents over 30U.S. steel companies.

Job Growth Lags in Current Recoveryhere have been four economic recoveries since 1961 that have lasted at leastfive years. Of those four, job growth has been the slowest in the currentrecovery, which began in November 2001.

Each bar in the accompanying graph shows percent growth in jobs for both totalpayrolls and private sector payrolls (excluding government) over the first fiveyears of the economic expansion that began in the month shown on the X axis ofthe graph.

This uniquely weak perfor-mance in employment growth isone reason why the benefits ofthe expansion have been slowto reach many working families.

On average, payrolls nation-ally gained 153,000 jobs permonth in 2006, slightly behindthe monthly averages of both2005 (165,000) and 2004(175,000).

PBGC Reports Fifth Deficithe federal pension-insurance agencyreported a long-term deficit of $18.1billion in 2006 — its fifth straight

annual shortfall — but showed improve-ment from 2005.

The narrower operating deficit reportedby the Pension Benefit Guaranty Corp.was down from a shortfall of $22.8 billionin 2005 and a record $23.3 billion in2004.

The agency, which insures private pen-sion plans for 44 million workers andretirees, reported assets of $60 billion tocover pension liabilities of $78.1 billion.

The pension agency was created in1974 as a government insurance programfor traditional, defined benefit pensionplans. Its report comes as an increasingnumber of Americans are feeling anxiousabout their retirement security.

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U S W @ W o r k • w i n t e r 2 0 0 7 17

Training Funds Dropraining workers to meet globalcompetitive challenges is essentialto America's future and can be

especially important to the 70 percent ofthe work force without a college degree.

Yet the federal government's commit-ment to training and employment assis-tance has been declining, a review ofspending by the Department of Labor(DOL) shows.

The DOL, the primary source of fed-eral support for job training and

employment services, has seen its expenditures fall from $6.1 billion in1986 to $5.8 billion in 1996 and $5.2 billion in 2006.

Considering that the labor force grew by almost 30 percent from1986 to 2006, DOL spending on training and employment services felleven more dramatically in per capita terms, from $63 per worker in1986 to only $35 per worker in 2006.

DOL block grants enable states to pay local agencies for classroomand on-the-job training — which for many can be the key to a better jobor any job at all.

Economy Straps Young Adultsoung adults today are feeling the deep impact of a massive shiftin the U.S. economy and are often no longer able to sustain afamily, build a career and grow assets the way their parents did.

A combination of stagnant wage growth, growing debt, and highcosts of education, homeownership and health care challenge the abilityof America's youth to start and sustain an economically stable adult life,according to Demos, a national nonpartisan public policy group.

"For the young generation of workers, the economy no longer gener-ates widespread opportunity and security, and our public policieshaven't evolved to pick up any of the slack," said Tamara Draut, direc-tor of the Economic Opportunity Program at Demos.

Reports on youth challenges including higher education, paycheckparalysis, generation debt, housing and the costs of raising a child areavailable at www.demos.org.

The High Cost of Energylthough gasoline prices have dropped from the $3 a gallon seenlast year, prices remain well above relatively recent levels.

The accompanying chart shows prices of gasoline, diesel andhome heating oil since 1998, adjusted for inflation.

Amount spent on federal lobbying,1999 $1.5 billion Amount spent on federal lobbying,2004 $2.1 billion The amount Interpublic Group ofCompanies, the top lobbying firm from1998-2004, spent during that time $265 million Number of federal lobbyists, 200016,000 Number of federal lobbyists, 200535,000Number of companies that lobbied theU.S. House of Representatives from1998-2004 17,300Number of companies that lobbied theU.S. Senate from 1998-2004 17,200 Number of former members ofCongress or heads of federal agenciesnow working as lobbyists 240Number of former senior governmentofficials now working as lobbyistsMore than 2,000 Average salary for a lobbyist$89,944Number of congressional earmarks,Fiscal Year 1996958 Number of congressional earmarks,Fiscal Year 200514,000Total value of congressional earmarksin 2004$32.7 billionSource: Think Progress, a project of the AmericanProgress Action Fund

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A few quick facts showing the size andscope of the lobbying industry inWashington, D.C.:

40912_P01_40X.qxp 2/7/2007 4:40 PM

ou can join a political party, afraternal organization or commu-nity and church groups in the

United States simply by signing up. Yetthat freedom of association stops whenyou get to work.

When employees try to form a unionthey face concerted anti-union harass-ment and intimidation that oftenincludes firings during the usually tenserun-up to an election.

The United Steelworkers and otherunions are pushing hard for the newDemocrat-controlled Congress to quick-ly pass legislation that would help torestore freedom of choice at work.

On Feb. 6, U.S. Rep. George Millerintroduced the Employee Free ChoiceAct (EFCA) in the House. It would helpto restore workers' free choice to joinunions and bargain with their employersfor better wages and benefits.

Rapid ResponseThanks in large part to the USW's

volunteer Rapid Response network, thebill had 230 co-sponsors in the House at the time of its introduction.

"America's middle class is shrinking

fast, and unions are a key to bridgingour nation's growing economic divide,"AFL-CIO President John Sweeney said.

"People should be able to choosewhether to form a union free fromemployer intimidation and coercion,"Sweeney added. "Our current labor lawis broken, and America's working fami-lies are paying the price."

By law, employers in the UnitedStates are prohibited from intimidating,coercing or firing employees for exercis-ing their right to form unions. Yet eachyear, more than 23,000 workers are firedor penalized for union activity.

Firings are only part of the arsenalemployers have at their disposal. Threeout of four employers hire anti-unionconsultants that specialize in unionavoidance techniques, 78 percent forceemployees into personal meetings withsupervisors and 98 percent demandclosed-door anti-union meetings.

"The purpose of the National LaborRelations Board is to promote collectivebargaining, yet it has a 40 or 50 yearhistory of doing everything it can tostymie, erode and weaken collective bar-

gaining. We need to use this Congressand our energy to change that direction,"USW President Leo W. Gerard said.

"We ought to make no mistake aboutit. What we can do for our kids and ourgrandchildren is to re-establish the rightof workers to join a union without fear,without the concern of discharge, with-out the concern of intimidation, withoutthe boss interfering."

Card check recognitionIn fact, the Employee Free Choice

Act would give workers the right tounion recognition if a majority of work-ers sign membership cards — a processcalled card check recognition.

Employee Free Choice also calls formediation and arbitration in the eventthat an employer and union are unableto reach a first agreement within a limit-ed 90-day period. It would also imposestronger penalties on employers for vio-lating labor laws during organizing andfirst-contract bargaining.

U.S. Sen. Edward Kennedy, a leadsponsor of the bill in the Senate and thenew Senate Health Education, Laborand Pensions committee chairman, has

18 w i n t e r 2 0 0 7 • U S W @ W o r k

rrol Hohrein, 57, is an experiencedboilermaker hired last March as akey player in the startup of a $50

million ethanol distillery in northernColorado operated by Front RangeEnergy, LLC.

National demand is booming forethanol as a renewable automotive fueladditive, and Congress is authorizing allkinds of tax incentives to build distil-leries to produce billions of gallons.

But Hohrein and the new-hires atFront Range quickly discovered the taxdeals that built the refinery and pro-duced millions in monthly profits didn'textend to them. The company renegedon promised wage rates and even fired a

worker for complaining directly to FrontRange President Dan Sanders, Jr.

Hohrein and his co-workers reachedout to the USW to make things right. "Itwas theft by deception," he said of thecompany's failure to keep its promises.

Targeted by managementWhen Hohrein began passing out

union authorization cards, he was target-ed by management.

"They followed me, threatened to fireme and constantly wrote me up," hesaid. "They acted like monsters andwouldn't let co-workers near me forequipment maintenance consultationswithout prior permission."

The Front Range refinery workers

defied management and voted for theunion by a one vote margin, 12-11, in anNLRB election held on Dec. 18 and 20,2006. USW organizer Doug Fennellreceived the federal certification noticedesignating the USW as the bargainingrepresentative on Jan. 5, 2007.

On the very next day, Hohrein report-ed to work as a USW member and dis-covered the night shift had allowed the

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U S W @ W o r k • w i n t e r 2 0 0 7 19

promised that passage will be an objec-tive of the new Congress.

"We're going to give workers a fairshake at last," Kennedy told unionistswho marched on Capitol Hill lastDecember to demand workers' rights.

There is intense opposition to the actfrom business interests eager to maintainthe pro-management tilt of labor law.

On its face, the opposition's mainargument appears to be powerful.Business argues that the EFCA wouldstrip an employee of the right to choose,freely and anonymously, while exposingemployees to undue pressure fromunions.

That argument has intuitive appealbecause secret ballots, voting alone in aballot booth, are how we elect our gov-ernment leaders. But union electionsunder the NLRB do not work in the sameway.

Coercion illegalIt is already illegal for anyone to

coerce employees to sign a union autho-rization and there is little evidence thatsuch coercion exists.

Nor is pro-union "coercion" a problemin states where majority sign-up proce-dures similar to those of the EFCA havealready been implemented

The USW-backed American Rights atWork coalition polled 430 randomlyselected employees at locations whereNLRB elections or card check campaignswere conducted to determine whether itwas true that card check campaigns leaveemployees more vulnerable to unionpressure.

Management pressure realThose employees participating in the

survey reported management pressurewas a much bigger issue than pressurefrom unions. Four times as many workersreported being "greatly" coerced by man-agement as opposed to the union (22 per-cent vs. 6 percent).

Under current law, an employer canlegally recognize a union if a majority ofemployees demonstrates the wish to berepresented by the union by signingauthorization cards.

However, the decision whether to rec-ognize the union on this kind of majority

basis is left up to the employer. Anemployer can refuse to recognize theunion and insist on an NLRB electioneven if 100 percent of employees havesigned authorization.

With Employee Free Choice, the deci-sion would no longer be left up to theemployer. Employees would be able topresent the signed authorizations to theNLRB, and if the NLRB determinesauthorizations have been signed by amajority of employees, the employerwould be legally required to recognizeand bargain with the union.

As under current law, the NLRBwould continue to order elections whenthere is a genuine question as to whetheremployees want a union.

In fact, the Employee Free Choicewould guarantee greater employee partic-ipation in the process because a majorityof eligible employees must sign autho-rizations before a union can be certified.In an NLRB election, only a majority ofthe ballots cast determines the outcome.In union elections, as with our politicalelections, not all eligible voters typicallycome to the polls and cast ballots.

gas boiler to freeze. Savvy to the prob-lem, he got it going.

"It was a tense situation and we allwere cursing and yelling because all ofmy co-workers know I have a hearingdisability, but it was just the bogusexcuse Sanders needed as company presi-dent," he said.

Hohrein was sent home on a suspen-sion and got a call on Jan. 8 telling himhe was terminated. "It was revenge formy talking up the union," he said.

Labor law violations allegedThe USW filed six charges with the

NLRB for an accumulation of labor lawviolations at Front Range Energy thatinclude harassment, providing non-unionsupporters with better conditions thanunion supporters, and ordering employ-ees not to talk to union advocates.

Hohrein is no troublemaker. He has a

long history as a Vietnam veteran, a highschool history teacher and two decades ofservice as a boilermaker at another areaplant.

"I have one flaw, and that's telling thetruth," he said.

Employment is tight in northernColorado. While he's looking for a newjob, Hohrein is not expecting quick jus-tice. In fact, Front Range sought to kickhim when he was down and out by chal-lenging his application for state unem-ployment compensation.

Nevertheless, Hohrein was awarded amonthly jobless benefit by the state hear-ing officer, who said he was "dischargedfor hostile actions toward other employ-ees. The available evidence does not sub-stantiate this allegation. In the absence ofa volitional act on your part, you are notresponsible for the separation."

It's not yet justice, but it's something.

40912_P01_40X.qxp 2/7/2007 4:40 PM

wo years after the Ormet plant inHannibal, Ohio, was shut down bybankruptcy and a bitter labor dis-

pute, USW members are again makingaluminum.

The first batch of metal was pouredless than a week before Christmas withabout 500 employees back at work.Employment isexpected to grow to1,000 by April.

"It means a lot tous," LorenHartshorn, presidentof USW Local 5724,said when the firstmetal was poured on Dec. 19.

About 1,500 USW members struck in2004 when a bankruptcy court judgeallowed Ormet to void its labor con-tracts.

Road back difficultThe road back to work was difficult

and full of pitfalls. It took new manage-ment and a willingness of negotiators onboth sides to look beyond past problems.

"Finally, something positive is hap-pening at Ormet," Ohio's new governor,Ted Strickland, said. "People are work-ing together to build a positive future."

The strike was 19 months old whententative labor agreements wereannounced last June 30. But the company still faced huge bankruptcycourt claims and the loss of a favorablepower contract.

New CEO Ken Campbell approachedUSW District 1 Director Dave McCall,

USW negotiator Mark Shaw and RonBloom, special assistant to USW

President Leo W. Gerard, to seeif the talks could be resumed.

He was met with a positive approach.By July, members of Local 5724

voted to accept a new agreement thatincluded a signing bonus, wage increas-es, profit-sharing and guaranteed fund-ing for retiree benefits through a VEBA,or Voluntary Employee BeneficiaryAssociation. Another agreement cover-

ing an alumina refinery in Burnside, La.,was also approved.

Investors including major shareholderMatlinPatterson Asset Management ofNew York provided more money to fundthe restart. A new long-term power dealwas negotiated with American ElectricPower (AEP).

Electricity turned onOrmet's new power agreement was

approved by state regulators inNovember, and, after workers preparedsmelting pots, the electricity was turnedback on in December.

Campbell, an Ohio native who relo-cated from New York to run the plant,said when he first arrived local residentswould tell him how important it was forthe plant to resume operations.

"I had a fear of disappointing thecommunity," he said. "That was mygreatest motivation."

During the dispute, Ormet sold itsrolling mill in Hannibal to AlerisInternational Inc., which removed equip-ment. The union, however, negotiated

hiring preference at the restarted smelterfor rolling mill employees.

A dramatic drop in the price of alu-mina forced the closure of the Burnside,La. refinery at year's end. The companypromised to shut down the refinery so itcan be reopened quickly should aluminaprices rise.

In Hannibal therestart has brought anew spirit of coopera-tion that is clearly evi-dent at the plant, rank-and-file members andunion leaders said.

"People are cooperat-ing. They're working

together," Hartshorn, the local unionpresident, said. "It is something thatneeded to happen."

Glad to be backBob Maine, a grievance committee

member, described the new positiveatmosphere in the plant as the differencebetween night and day when comparedwith the old regime before the strike.

"It was a long two years,''addedMaine, who works where molten alu-minum is poured into molds. "Was itworth it? Hell yes. Every bit of it."

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U S W @ W o r k • w i n t e r 2 0 0 7 21

wo and a half years of solidarity,determination and courage bysome 1,600 copper workers has

resulted in an unprecedented victoryagainst a company that had been hell-bent on wiping out retiree benefits andbusting the union.

It took a strike, a corporate campaignagainst Grupo México — the thirdlargest copper producer in the world,assistance from unions in our globalalliances, a bankruptcy and finally thereplacement of management beforemeaningful negotiations got under wayto reach an agreement that fulfills theneeds of our members and retirees.

ASARCO workers in Arizona andTexas have won a new labor agreement

that provides substantial economicgains, and landmark security protectionsnever before achieved in the U.S. min-ing industry.

Struggle and solidarityIn 2004, there were seven different

labor agreements with varying contractlanguage, expiration dates, and pensionplans. The USW, along with seven otherunions representing workers employedby ASARCO, began bargaining in thespring of 2004 only to find that the com-pany was demanding massive wage andbenefit concessions.

Prior to the commencement of nego-tiations, all the other unions signed state-

ments agreeing the USW would lead thenegotiations and that District 12 DirectorTerry Bonds, who chairs the USW'sNonferrous Industry Conference, wouldbe the chief spokesman for all theunions. When the contracts expired onJuly 1, 2004, the workers refused toaccept the company's concessionarydemands but continued working for ayear without a contract.

When bargaining began at Arizona'sRay Mines in May 2005, the companycontinued to demand concessions.Workers again refused and the unionfiled Unfair Labor Practice (ULP)charges with the NLRB. When the RayMines contract expired in July 2005, allASARCO workers began a ULP strike.

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The company attempted to break thestrike by hiring scabs.

That summer, ASARCO, owned byGrupo México, filed for Chapter 11bankruptcy reorganization in response togrowing environmental and asbestosobligations. In October, the NLRBissued a complaint against ASARCO forunilateral changes to policies, directdealing and for illegally threatening andintimidating hourly workers in additionto other charges in response to the ULPcharges filed by the union.

The tide was clearly turning againstGrupo México.

With the involvement of the credi-tors’ committee formed in ASARCO’sbankruptcy case, the USW and the com-pany agreed in November 2005 to settlethe strike by extending the labor agree-ments for one year, with the USW gain-ing successorship protections regardingany sale of the company and manage-ment giving up the right for one year toask the court to nullify the contract,retiree benefits, or the pension plan.

Even after their members returned towork, local unions immediately beganpreparing for the fight to come. Therecently concluded agreement is theproduct of this extraordinary struggle.

CEO gets the bootWith the company in Chapter 11, the

atmosphere surrounding the negotiationschanged dramatically. The company'smanagement group was moved aside bythe creditors' committee. GrupoMéxico's directors and CEO were tossedout and an independent board of direc-tors and later, a new CEO were namedto lead the company.

The new management chose a path ofcooperation with the unions, rather thanconfrontation.

The two and a half year struggleended in late December 2006 when theunions were able to conclude a newagreement, subject to ratification by themembership.

Director Bonds has been involved incopper negotiations since becomingdirector of District 12 in 1998.

"After the 1983 Phelps Dodgestrike," he reflected, "many so-calledexperts said that unions would neveragain win a strike against a copper com-pany. But our members proved themwrong. We don't have to accept inequal-ity or economic injustice. Our membershave proved that we can fight back andwin."

Highlights of the settlement include asingle Master Agreement that replacesthe seven different contracts and theirvarying language and expiration dates.With a single agreement, the unions willnow bargain, and if necessary, take col-lective action together. Other key itemsinclude:

• A $3,000 signing bonus, substantialwage and benefit improvements.

Instead of the massive wage and ben-efit concessions the company origi-nally demanded, the agreementincreases wages and pensions.

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• Restoration of health care benefits forretirees to previously negotiated levels.

In 2003, Grupo México unilaterallychanged retiree health care benefits dra-matically increasing the cost to retirees.Benefits will be restored with affordablepremiums.

• Stronger corporate protections regardingthe sale of the company or single plants.

The renewed and improved protectionsincluded added requirements thatASARCO invest in its properties.Restrictions also prevent a parent com-pany or investor from siphoning offcash.

• Greater bargaining power. The new agreement sets the stage forincreasing the union's bargainingstrength by securing a pledge thatASARCO remain neutral in future orga-nizing campaigns and allow the unionsto participate in new employee orienta-tion programs.

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hen USW President Leo W. Gerard signed a strategic global alliancein Phoenix on April 13, 2005, with Napoleon Gomez Urrutia, presi-dent of the National Union of Mining, Steel and Allied Workers of

the Republic of Mexico (SNTMMSRM), few would have predicted howimportant it would be to winning the fight against Grupo México.

They pledged cooperation and assistance during the struggles to win con-tracts with the common employer — Grupo México. They agreed to formcross-national networks of unions to continue on-going exchanges betweenSNTMMSRM and USW activists to refine the alliance and develop jointstrategies.

SNTMMSRM lived up to its commitment. The Mexican union sponsoreda demonstration where more than 700 of their members joined a delegation ofUSW members and marched from union headquarters in Mexico City toGrupo México's headquarters. It was the first protest in the history of theMexican labor movement that was held in Mexico on behalf of an Americanunion.

Solidarity meetings were held in Peru and Mexico City between the USWand SNTMMSRM, and with representatives of metals and mining industryunions from Argentina, Bolivia, Chile, Peru and Trinidad.

The global alliance increased communications, collaboration and coordina-tion across national borders and put the ultimate pressure on Grupo México,leading the creditors' committee in ASARCO’s bankruptcy to recognize thatthe existing management was a major roadblock to an agreement.

"The Mexican Mineworkers Union has proved to be a strong ally to ourunion, joining in decisive battles to support our members," said Leo W.Gerard. "I've come to know and establish a close personal friendship withtheir president, Napoleon Gomez Urrutia, who is establishing a reputation as agreat leader in the North American labor movement."

Following approval by the bankruptcy court, the agreement is retroactive toJan. 1, 2007, and expires on June 30, 2010. The 1,600 ASARCO employees cov-ered under the agreement are members of the United Steelworkers, IBEW,Machinists, Boilermakers, Teamsters, Operating Engineers, Millwrights andPipefitters.

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John CunnardPresident Local 1211

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159-year-old copper producerfounded in Pittsburgh is buckinga national trend by ignoring

pressure to build a non-union plant inMexico.

Managers at the firm, HusseyCopper, say they are proud of theirUSW-represented work force. Workersat Hussey have been producing qualitycopper products since the company'sfounding in Pittsburgh in 1848. Itsmajor product then was roofing material.

The company now operates twoplants. One is located in Leetsdale, Pa.,where 225 workers are members ofLocal 1211. The other is in Eminence,Ky., where 116 workers are representedby Local 1693. The two plants producea variety of copper products, includingtransformer winding, copper tape, cop-per strip, sheet and plate. The Eminence

plant is the leading busbar producer inthe world, supplying the electrical powerdistribution industry.

Hussey is facing intense foreign com-petition, especially from companies withlocations in Mexico. Even worse,many of Hussey's customers have plantsin Mexico and they want Hussey tobuild a facility there, saying they needlocal sourcing.

Great work ethic"That's not what we are about," says

Hussey's executive vice president DavidAllen. "We've got a dedicated workforce with a great work ethic. Theyreally take pride in what they're doingand we can deliver our products just aswell from here."

Management respects the workers,making for good labor relations. The

result is that there has not been a workstoppage in over a quarter century andgrievances are rare.

"We've only had two written griev-ances over the past year," said JohnCunnard, president of Local 1211."When we have a problem, we work itout on the shop floor."

Cunnard credits his highly skilledmembership for making the companywhat it is today. He is especially proudof Leetsdale's safety performance. "Wehaven't had any lost time injuries overthe past year in the casting operation.That means no burns or strains. Ourplant is very safety conscious. We see aproblem, we get if fixed."

The workers produce the highestquality copper products in the world.They take personal pride in the MADEIN U.S.A. label on every shipment.

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Leetsdale's reverbatory furnace,fueled by natural gas and oxygen,casts 20 million pounds a month andis the only one like it in the U.S.

Roller Joe D'Alessandris takesthe copper strip down to a quarter inch.

Wheelman Eugene Curentonseparates coils to go on a payoffreel that feeds the Tisken Mill.

Plate saw operator Helen Silvakchecks and records the gauge.

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In countless ways, the UnitedSteelworkers is a better labor union

for the 46 years Bernie Kleimanspent as its general counsel,

lead steel industry negotia-tor, trouble shooter and

close advisor to fiveinternational presidents.

"Bernie Kleiman wasin fact the most impor-tant person the unionever had,'' USWPresident Leo W.Gerard said at a memo-

rial service for him atPittsburgh headquarters.

"I can't imagine the unionwithout him."

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U S W @ W o r k • w i n t e r 2 0 0 7 27

r. Kleiman, 78, died unexpect-edly on Dec. 13, 2006 of heartfailure. He was the union's

general counsel from 1965 through 1997and was most recently special counsel toGerard. He also served former presidentsGeorge Becker, Lynn Williams, LloydMcBride and I.W. Abel.

Great strength, determination"He had a great strength, a great deter-

mination to do what is right," Williamssaid of Mr. Kleiman at the service. "Hisenergy, dedication and hard work werelegendary around the union."

Although Mr. Kleiman officiallyretired from the union last summer, hecontinued to put in long days at workwithout pay. Just the week before hisdeath, he participated in a "SolidarityTour" of striking Goodyear locations.

His role with the union was muchbroader than the typical duties of generalcounsel. In addition to his legal work, hewas a respected contract negotiator, laborstrategist, counselor and political activist.

In essence, he was the union's chiefcontract bargainer along with the USWpresidents he served over the decades,said USW Secretary-Treasurer JamesEnglish.

He especially enjoyed working withthe union's rank-and-file members andproudly represented their interests at bar-gaining tables in many industries.

"Bernie will always be close to myheart,'' said Pete Savoy, president of aUSW local at a Gerdau Ameristeel plantin Beaumont, Texas. "He was not just anegotiator, but a friend to Local 8586 andmyself."

Mr. Kleiman was known for marathonnegotiating efforts, getting by on a fewhours of sleep and carrying a "magicbriefcase" stuffed with notes from count-less bargaining sessions. His warm andgenerous spirit never wavered.

"He believed in the mission of this

union in the most profound and unwaver-ing way imaginable,'' said Ron Bloom,special assistant to the president. "Hiswas a devotion rooted in an unshakableknowledge that what we do sits at thevery core of making the world a betterplace for ourselves and our children…"

Created legal departmentMr. Kleiman created the union's well-

respected Legal Department in 1965, andplayed a key role in the April 1974 feder-al Consent Decree that brought the steelindustry into compliance with the CivilRights Act. That agreement opened milljobs to minorities and women.

Mr. Kleiman was also the principalnegotiator and designer of the 1973Experimental Negotiating Agreement(ENA) with the steel industry, whichbarred strikes in return for contract arbi-tration when there was a dispute.

The ENA was designed to persuadedomestic steel users not to buy foreignimports every three years when unioncontracts were up for renegotiation andproduct stockpiling occurred.

The agreement was in place for nearlya decade and is credited with raising theaverage wage ofsteelworkers from$2.50 an hour to$12.50 an hour,English said.

When the 1980sbrought a downturnin steel, he pio-neered strategicapproaches to bar-gaining that wereaimed at saving theindustry while pre-serving employmentopportunities. He also helped to negotiatethe creation of the Institute for CareerDevelopment (ICD), a company-paidprogram that provides lifelong learningopportunities for USW members.

Protected jobsAmong his significant contributions

was contract language in steel that gaveUSW members job protections from out-side contractors. Basically, he establishedthe principle that our members have firstpriority for all work in steel mills thatthey are capable of doing.

"For those who know something aboutthe structure of labor agreements, this

was truly revolutionary," said Bloom."But the truly astounding part... was

when he asserted, with a completelystraight face, that the company givingaway this right was in fact good for them— that this proposal was so good for thecompany that if the company were reallysmart, they would be proposing it them-selves."

During his tenure as general counsel,the union had 18 cases before the U.S.Supreme Court. The union won 13 ofthem and lost five. One was the Webercase, which affirmed the legality underTitle VII of the Civil Rights Act of affir-mative action plans in employment.

He worked with companies includingAllegheny Ludlum, Bridgestone/Firestone, Continental Tire, GerdauAmeristeel, Goodyear, ISG (InternationalSteel Group), Kaiser Aluminum,Newport News Shipbuilding, WCI Steel,U.S. Steel and many others.

High school centerBorn in Chicago, Mr. Kleiman grew

up in Kendallville, a small town in north-eastern Indiana where his father was ascrap dealer. In that basketball-crazy

state, Mr. Kleiman played centeron his high school varsity team.

Mr. Kleiman enlisted in theU.S. Army after graduation fromhigh school just after the end ofWorld War II and served in Korea.After the service, he returned toIndiana and attended PurdueUniversity, majoring in metallurgi-cal engineering. He then enrolledat Northwestern University Schoolof Law, where he was awarded alaw review position.

In 1960, he became counsel tothe Steelworkers' former District 31 cov-ering Northwest Indiana and the GreaterChicago area. As District Counsel, hebrought a successful lawsuit to force thestate of Illinois to reapportion the statelegislature on a one-person one-votebasis, thereby giving urban, predominant-ly working-class voters a much greatervoice in the election of lawmakers.

Word of his talents spread through theunion and in 1965 he was named generalcounsel of the entire union by I.W. Abel.

Outside the union, he was active in theDemocratic Party, the Americans forDemocratic Action, and the AmericanCivil Liberties Union.

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he Steelworkers who build the world-renowned Harley-Davidson power trains have made sure that MilwaukeeIron — the affectionate name long-time riders give to

their machines — will stay in its hometown of Milwaukee.The 1,600 USW members employed at Harley's

Milwaukee facilities were faced with a tough choice. Thecompany proposed investing $120 million to expand powertrain capacity locally, enhancing job security for the workersalready employed there and creating more than 100 new jobs.

But the company sought difficult conditions. It wanted theunion to agree to a second tier of lower wages for new hires,suspend cost of living adjustment (COLA) until 2012 andimplement a contributory health care plan.

"This was a hugely emotional issue for themembership," Jim Wheiland, president ofUSW Local 2-209, said after the members inNovember approved a memorandum ofagreement to their contract with Harley-Davidson.

First offer rejectedThe first offer was soundly rejected

on Oct. 16. The local union thenreturned to the table and came backwith an offer that represented anincreased investment by the compa-ny, reduced the wage gaps for newhires, and answered other ques-tions about the previous offer.

Demand for the big bikes con-tinues to be strong, making Harley-Davidson an American icon after103 years in business. Previousexpansions saw the company putproduction facilities in York, Pa.,and Kansas City. But all big bike powertrain production remains in Milwaukee.

The company's Made-in-America suc-cess can be linked to partnerships with itsworkers' unions — a unique approach thathelped to propel the company back to suc-cess after being on the brink of bankruptcyin 1994.

Through the USW-Harley DavidsonPartnership Agreement, our union learnedthat another expansion was coming.Needing more Big Twin and XL powertrains, the company was planning to build

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a new facility outside of Wisconsin.There was, however, no doubt that thework would continue being done in theUSA.

Union representatives made it clearfrom the beginning that moving outsideof Wisconsin was unacceptable and theexpansion had to take place inMilwaukee. The company expressed itsconcern about labor costs, prepared aproposal and presented it to the union.

With the labor agreement in effectuntil 2008, there was no traditional bar-gaining. The union did not have theright to strike. The company's initialoffer was take it or leave it.

Rush to a decisionThe local union leadership did not

like the offer but they understood whatwas at stake. If they rejected the pro-posal, a new production facility wouldbe built in another state. It would havestate of the art equipment and lowerlabor costs. In years ahead, members ofLocal 2-209 would face competitionfrom another plant.

The local union took the proposal andwithin four days, printed it and present-ed it to the membership in an auditoriumbig enough to hold everyone. It was araucous affair. Passions were runninghigh as members filled the hall. Workerswere in no mood to listen to anythingabout concessions. The proposal neverhad a chance. At the end of the tumul-tuous meeting, the proposal was rejectedby a vote of 934-297.

Following the rejection, the companyannounced that it would proceed with itsexpansion plans outside of Wisconsin.

"We couldn't let this happen," saidDistrict 2 Director Jon Geenen. "This

work belongs in Milwaukee. Ourunion's priority was to keep thejobs right where they are. We

wanted to protect our membersand the community."

The union approached the compa-ny a second time in an effort to fixthe more odious provisions of theproposal. The company agreed to

narrow the wage gaps between thetwo tiers and include 44 season-

al, casual workers who areunion members to

be included inthe first-tier

work force

when they are hired full time.The bargaining committee went to

the membership again, this time with adifferent approach. Rather than rush toa vote, the new proposal was printed anddistributed well in advance. They held aseries of informational meetings at allwork sites, covering all shifts. Emotionsstill ran high but the membership cameto understand what was at stake.

"We have the finest, most talentedand most dedicated work force in thecountry," said Wheiland, the local unionpresident. "Based on our record alone,we've earned this new investment."

But the company was still concernedwith labor costs and would not expandin Milwaukee without a reduction.

A tough choice"It's a gun put to our head," said Sue

Anderson, a stator operator with 16years of service. "We didn't have achoice. I don't want this company mov-ing down South."

"With a gun to my head, I'd rather nothave it go off," said Ken "Whitey" Ard,a winder operator with 36 years of ser-vice who plans on retiring in 2007. "I'drather have a job."

"We can't give our work away," saidDon Captain, a 38-year veteran. "Weneed to keep our jobs."

Jamie Fatla, a union member for 14 years who rebuilds engines for deal-ers, summed it up best. "I'm lookingforward to 30 and out. No one likes togive up anything but our bargainingpower is strengthened by having oneplant make the engines. This agreementassures our future."

This time, Local 2-209 membershad more than a week to review theproposal and get their questionsanswered before coming to a decision.In voting conducted at work sites, theproposal was approved 943 to 536.

Looking forward"Now we can look forward to

expanding here, rather than worryabout a rival plant that would producethe same product," Wheiland said.

The lowest starting wage rate fornew hires will be $18.25 an hour for

power train production jobs, but theunion-negotiated training program willencourage workers to move up intomachine operator positions that will pay$24.42 an hour. Current employees inthose positions will continue to earn$28.83.

COLA payments will be suspendeduntil 2012 for all employees and thenew hires will not be eligible to partici-pate in the contributory annuity that isadministered by the company. The newhires will be covered under the definedbenefit pension that pays a multiplier of$47 for every year of service.

A new cost-sharing health care pack-age will cover new hires on Jan. 1,2007, and cover all employees on July1, 2008. It has the same choice networkas the existing plan. Two levels of cov-erage require no employee contribution.The third one, called the Heritage Plan,will require a monthly contribution of$15 to $25 for a single person, andbetween $47 and $78 for family coverage.

"The health care plan will remain ineffect until 2012," Wheiland said. "Thecompany cannot change it, no matterhow much health care costs increase.Our membership is protected."

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he United Steelworkers wasinstrumental in persuading theU.S. Chemical Safety and Hazard

Investigations Board (CSB) to call fornew federal regulations to controlindustrial dust that can ignite andexplode with fatal consequences.

"Dust explosions are catastrophic,"said Carolyn W. Merritt, chairwomanof the safety board. "They come withno notice. People get caught fromfalling debris or in fireballs. They can'tget away."

Many USW represented facilities areexposed to combustible dust hazards.Dust explosions occur primarily inplants making rubber, plastics andchemicals along with those that makemetal, lumber, wood and food products.

USW safety experts testifySafety experts from the USW testi-

fied before the CSB, which has recom-mended that the U.S. OccupationalSafety and Health Administration adoptstandards that deal explicitly with thehazard.

"Combustible dust is a real prob-lem all over industry,'' USW safety spe-cialist Steve Sallman told the CSB. Hediscussed two flash fires that took placein the compounding room at theContinental General Tire plant inMayfield, Ky. during a nine-monthperiod in 2005.

Those fires were relatively minorwhen compared with three other indus-trial explosions in 2003 that promptedthe chemical board to launch a two-year probe ending with its recommen-dations to OSHA. Those three acci-dents resulted in a total of 14 deathsand 81 injuries.

On Jan. 29, 2003, a fatal dust explo-sion at West Pharmaceutical ServicesInc. near Kinston, N.C. killed six work-ers and injured 38 other people includ-ing two fire fighters.

A Feb. 20, 2003 accident at CTAAcoustics in Corbin, Ky., a producer offiberglass insulation for automobiles,killed seven. Later that year, on Oct. 29, a maintenance worker died inan explosion at Hayes LemmerzInternational, a wheel manufacturer inHuntington, Ind.

The blast at West Pharmaceuticaltotally destroyed the plant, whichburned for two days and now is a

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rusted shell. The explosion was felt 25 milesaway. Burning debris ignited fires in woodedareas two miles away.

"It was a great big boom," recalled formerworker Delma Moore, who vividly remembersthe day of the explosion. "It shook the house.Then it looked like, you know, how the atomicbomb looked when it went off. That's the waythe mushroom was in the sky."

The West Pharmaceutical investigation dis-covered that polyethylene dust the consistencyof talcum powder had accumulated above adropped ceiling over a production area whereslabs of rubber were made. The rubber wasused to make medical items including syringeplungers and rubber stoppers for vials.

"The ultimate source of the large explosionthat destroyed the plant was the dust accumula-tion, and that is where future efforts need tofocus," said Steve Selk, the lead CSB investiga-tor. "Without accumulated fuel, dust explosionssimply do not occur."

Oversight flawedDuring its two-year investigation, the CSB

found weaknesses in the oversight of manufac-turing plants where combustible dust can befound. OSHA has no specific standards dealingwith the potential hazards of dust, which canbecome explosive under certain conditionsbecause their surface area is large relative toweight.

State and local fire codes often address theissue, but factory sites are rarely inspected tocheck for compliance. OSHA currently relieson a "General Duty Clause" in its regulationswhich simply require that employers provide asafe and healthy workplace free from recog-nized hazards capable of causing serious injuryor death.

There are voluntary "consensus" standardssuch as one developed by the National Fire

Protection Association. But OSHA inspectorsare rarely trained on that standard, and it is notwidely accessible.

"Unfortunately, right now they're simplyguidelines and OSHA is pushing voluntarycompliance," the USW's Sallman said in aninterview. "But the problem with voluntarycompliance is not everybody volunteers tocomply."

Safety data inadequateAdditionally, raw materials sold in bulk to

factories are not often labeled as being potentialfire hazards, he said.

"Material safety data sheets do not talk aboutdust. They do not adequately convey informa-tion to employers and employees and their rep-resentatives about the hazards of dust,'' Sallmansaid.

When OSHA has a standard, Sallman saidemployers go to greater lengths to understandthe requirements and resources are provided toachieve compliance. Without a standard or reg-ulation, management typically does not committhe resources necessary to protect their workers.

"It is most definitely needed," Sallman said.U.S. Labor Secretary Elaine Chao has 180

days from the board's recommendation, madelast November, to formally respond. If shedeclines to implement the board's recommenda-tion, she must state a reason.

The chemical board isn't always successfulat persuading OSHA to improve workplacesafety. In 2002, the board called on OSHA toimpose stricter rules governing the mixing ofreactive chemicals, but no rules were adopted.

That inaction may have had unfortunate con-sequences. Mixing reactive chemicals is sus-pected of causing a late-night fire last Octoberat an Environmental Quality Co. plant in Apex,N.C. The resulting toxic cloud forced about16,000 people to evacuate their homes.

Given the Bush administration's past recordon siding with workers, Chao's OSHA mayvery well ignore the recommendation for astandard despite the obvious need. In that case,a new administration could pick up the ballafter the 2008 election.

U S W @ W o r k • w i n t e r 2 0 0 7 31

Safety Board Conclusions• Dust explosions and fires occurred in workplaces in 44 states between 1980 and

2005. The incidents killed 119 people and injured 718 people.

• Dust explosions occur primarily in industries producing rubber, plastic, chemicals, metal, lumber and wood products.

• No U.S. Occupational Safety and Health Administration standard adequately addresses combustible dust hazards.

• Fire code inspectors rarely inspect industrial sites to enforce local and state codes addressing combustible dust.

• Makers of raw materials fail to warn customers that their products are dangerous.

USW safety specialist SteveSallman testifies before the U.S.Chemical and Safety Board.

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va Rowe, 22, was driving from Hornbeck, La. to see herparents in Texas City when she stopped for gas andheard on the radio that the BP refinery had exploded.

She tried to call her mom but received no answer. Both herparents worked six to seven days a week as contractors at therefinery.

"I was horrified and really scared," she said. "I feared theworst happened. My mom always answered her cell phone."

The worst did happen. James and Linda Rowe were two ofthe 15 fatalities from the March 23, 2005 explosion and fire atBP's Texas City refinery that also injured over 170 people.

The younger Rowe blamed London-based BP's cost-cuttingfor her parents death and filed a civil lawsuit against the com-pany that was settled out of court late last year.

She wanted the company to change its approach to healthand safety and insisted on BP giving back to the communityand making public internal documents related to the case, sothat such an explosion could not happen again.

Even though other lawsuits related to fatalities had beensettled, Rowe stood by her demands. It was only when attor-neys were getting ready to select jurors for trial that the law-suit was concluded.

The settlement called for BP to donate millions of dollars toschools and medical facilities, including one where victimswere treated after the explosion, in addition to an undisclosedamount for Rowe.

BP also met her demand that the company continue torelease documents related to the case.

"I'm very satisfied with the outcome to be able to help somany people in the community and make a difference forlong-term things," Rowe said. "I didn't want my parents tobe forgotten."

Small town girlEva Rowe grew up in Hornbeck, a small town in

western Louisiana. Her father usually worked out oftown at refineries in Texas and Louisiana, and hermom was a teacher's assistant at the local highschool for about 10 years.

About a year before the explosion, James,48, and Linda, 47, decided they wanted to worktogether so they could live with each other. Itwould be the first time during their 30-yearmarriage that they did not live apart.

"My mom was like my sister. I was reallylost and didn't know what to do," she said. "Welaughed a lot, fished and used to do everythingtogether."

For a long time after the accident she rang hermother's cell phone just to hear her mom's message.

"You forget what your mom sounds like," she said.As part of the settlement, BP promised to donate $32 mil-

lion to various colleges and hospitals in Texas, Tennessee andLouisiana. Rowe and her attorney have donated $100,000 eachto educational foundations.

Safety problems addressedBP also promised to address problems at the Texas City

refinery including moving trailers away from operating unitsand to replace blowdown drum pressure-relief systems withflares. Those killed were working in temporary trailers at thetime of the explosion.

Now that the case is settled, Rowe said she plans to go tocollege, buy a house, do charity work and advocate for work-place safety nationwide. She is pressing for occupationalhealth legislation that would improve refinery conditions.

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U S W @ W o r k • w i n t e r 2 0 0 7 33

n independent review panel ledby former Secretary of StateJames Baker found serious defi-

ciencies in BP's approach to keepingworkers safe at its U.S. refineries.

The Baker panel, which included aUSW representative, was convened atthe urging of the U.S. Chemical SafetyBoard after the Texas City explosion.

The panel's recommendations focusedon improving BP's corporate safety over-sight, safety culture and safety manage-ment at all five refineries.

The USW represents workers at BP'sfacilities in Texas City, Texas; Carson,Calif.; Toledo, Ohio and Whiting, Ind.BP’s refinery in Cherry Point, Wash., isnon-union.

At each of the refineries the panelfound a lack of operating discipline, tol-eration of serious deviations from safeoperating practices and complacencytoward serious process safety risks.

BP focused and measured personalsafety such as slips, falls and vehicleaccidents, instead of real process safetyhazards such as leaks, spills, equipmentmalfunctions, excessive temperatures,corrosion and metal fatigue. Not unique to BP

"We are under no illusion that thedeficiencies we have identified areunique to BP," Baker said. "If otherrefining and chemical companies consid-er our recommendations and apply them,we believe that those workplaces will be

safer and that future tragedies like theTexas City accident can be avoided."

Recognizing that adherence to safetystarts at the top, the panel recommendedthat BP management, including theboard of directors and top executives,not only voice the importance of processsafety but ensure their actions and poli-cies reflect their commitment to it.

The panel urged BP to establish andput into practice an integrated and com-prehensive process safety managementsystem that consistently identifies,reduces and manages process safetyrisks. It said a system should be in placeto ensure all employees and contractorspossess an appropriate level of processsafety knowledge and expertise.

ederal investigators blamed BP'scost-cutting and failure to act onknown safety hazards for a March

23, 2005 explosion that killed 15 work-ers and injured more than 170 others atthe company's Texas City, Texas refin-ery.

Notably, the U.S. Chemical SafetyBoard said the explosion could havebeen avoided if BP had installed a safetyflare system on the unit that exploded.

Similar hazards exist throughout theindustry, the board said.

"The experience at BP should serveas a cautionary tale to every oil andchemical company," CSB ChairwomanCarolyn W. Merritt said.

On the day of the Texas City explo-sion, a distillation tower was inadver-tently over-filled with highly flammableliquid hydrocarbons during start up ofthe refinery's octane-boosting isomeriza-tion unit (ISOM). Critical alarms andcontrol instrumentation malfunctioned.

Pressure built up in the distillationtower, causing emergency relief valvesto open and empty the liquid and vapors,which overwhelmed a blowdown drum

equipped with an attached vent stack.The flammable mix overflowed onto

the ground with the force of a geyser.Contract workers in nearby trailers werekilled and injured when the mix ignitedand caused a series of explosions.

BP engineers in 2002 proposedreplacing the blowdown drum with asafer flare system in keeping with com-pany policy, but this was never donebecause of cost pressures, said CSB leadinvestigator Don Holmstrom.

The CSB's investigation showed thatBP's global management was aware ofproblems with maintenance, spendingand infrastructure as a result of auditsconducted in 2003 and 2004 well beforethe explosion.

Stringent budget cuts throughout theBP system caused a progressive deterio-ration of safety at Texas City, the boardfound. Maintenance and infrastructureexpenditures were reduced. Trainingstaff and control board operation posi-tions were cut.

"Every successful corporation mustcontain its costs," Merritt said. "But atan aging facility like Texas City, it is not

responsible to cut budgets related tosafety and maintenance without thor-oughly examining the impact on the riskof a catastrophic accident."

he USW took the lead in demand-ing an independent investigation ofthe March 2005 explosion at BP's

Texas City refinery, and is making surelessons are learned from the incident sothat it never happens again.

Immediately after the explosion, theUSW sent Kim Nibarger, a health andsafety specialist, to be the union's leadinvestigator. When the Chemical SafetyBoard called for an independent reviewpanel to examine BP's safety culture andsystems, the union appointed GlennErwin, who directs the USW's Triangleof Prevention program. Erwin worked inthe chemical plant at Texas City when itwas owned by Amoco.

The union and the company haveagreed in principle on a comprehensivejoint safety initiative to carry out thepanel's recommendations.

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iberia, home of a huge Bridgestone/Firestone rubber plantationand rich forests and iron ore mines, is emerging from a long andbrutal civil war and the USW is playing a role in promoting labor

law reforms and a stronger presence for organized labor.The West African country is suffering from serious poverty that

was greatly exacerbated by 14 years of war and the resulting destruc-tion of the economy.

Roads, electricity and water supplies and other infrastructure weredestroyed. Unemployment is high. Illiteracy soared during the waryears as schools were destroyed during the conflict in which childrenfought on the front lines.

Since a newly elected democratic government took officein 2006, international donors have pledgedaid to rebuild schools, hospitals androads while multinational corpo-rations are preparing to againinvest in the country, givingunions a unique opportunity toaffect labor policies and renegotiaterules governing operations of multi-national companies.Mittal Steel

Mittal Steel, the world's largeststeelmaker and a major USWemployer in the United States, hasentered into an agreement to devel-op iron ore mines that were aban-doned and destroyed during the war.Mittal has promised to redevelopthe mines and pour money intorailways and port infra-structure.

"It's a very exciting timein Liberia. They are at a crit-ical moment," said MikeZelinski, a staff member withthe USW's strategic campaigndepartment. "The needs inLiberia are enormous, but so isthe potential for making a dra-matic difference in the lives ofworkers."

The USW and the AFL-CIO'sSolidarity Center sent a delegation toLiberia last October that includedZelinski and Marilyn Brown, an activistfrom USW Local 1055 at theBridgestone Firestone plant, in LaVernge, Tenn. Another delegation ledby USW International Vice PresidentFred Redmond had visited the rubberplantation the previous July.

Over 11 days, the delegation pro-vided training for trade union leadersand rank-and-file activists on unionbuilding and strategic planning.They also worked to establish tieswith two labor federations andactivist workers involved in key34 w i n t e r 2 0 0 7 • U S W @ W o r k

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sectors in Liberia,particularly theBridgestone/Firestone plantation,iron ore miners andforestry workers.

Liberia's tradeunion federationshave been given aseat at the table aspart of a tripartitedialogue with gov-

ernment and business aimed atoverhauling the labor code.

"We trained workers from theFirestone plantation, from forestryand lumber products — regularrank-and-file workers and somelabor leaders," Brown said. "Theyare eager to get back into the workforce and eager to get unions backup and working."

The delegation also spent time atthe million-acre rubber plantation,which was established in 1926 byHarvey Firestone and is now part ofthe Tokyo-based Bridgestone Corp.

Kofi Woods, the new Minister ofLabor, is a former human rightsactivist who was instrumental indocumenting labor and human rightsabuses at the rubber plantation.

"While his agency is severelyunderfunded and understaffed, heappears to be committed to seriousreform,'' Zelinski said of Woods.

Before joining the government,Woods assisted the InternationalLabor Rights Fund (ILRF) in prepar-ing a lawsuit filed against the compa-ny over both child and forced labor.

International attention, including thelawsuit, appears to have pushedBridgestone to make an effort to pro-vide more educational and medicalfacilities, but much more must be done.

Positive change also resulted from awildcat strike last February by 6,000workers who demanded improved liv-ing conditions and wages. The strikersincluded some 4,000 casual workerswho score the bark of rubber trees totap latex sap used in rubber-making.

Latex has been Liberia's topexport since the United Nationsimposed a ban on the country's sales

of timber and diamonds duringthe now-ended regime of for-mer warlord turned presidentCharles Taylor.

During the protest, tappers and otherlaborers cited unsafe and unsanitaryworking conditions, inadequate healthcare and discrimination in addition to lowwages. Tappers said they were forced toenlist their families, including young chil-dren, to help them meet production quo-tas. They must tap 650 trees a day for theequivalent of $3.38.

After tapping the trees, workers carrytwo buckets each weighing as much as 65pounds on their shoulders. Some mustwalk from one mile to 15 miles to deposittheir loads.

"They have to meet a quota, but it isso high that they have to bring their chil-dren along to help. If they don't maketheir quota, they dock their pay," Brownsaid.

The plantation workers graciouslyinvited the delegation into their homes —one room shacks with no running wateror electricity. Families share outdoor bath-room facilities.

"It's slavery, glorified slavery," Brownsaid. "They say because they pay them itisn't slavery. But you can never own any-thing because you live on their land. Theycan kick you out. You have nothing."

USW donates to childrenAs a result of the earlier delegation

visit led by Vice President Redmond,USW members attending the union's CivilRights Conference donated $1,200 thatBrown used to purchase school suppliesthat she passed out to children at Liberianschools.

"We gave young kids pencils and pen-cil sharpeners and the older kids note-books and pens. You would have thoughtthey hit the lottery," Brown said, addingthat she hopes to continue collectingclothes and other donations.

Bridgestone/Firestone last year pre-vented members of Brown's local inLaVergne, Tenn. from conducting volun-tary plant gate collections to help theLiberian rubber farm workers — a movethat was angrily denounced by the union.

The USW intends to remain active inhelping the Liberian workers and unionssince many of our members in the UnitedStates work for some of the same multi-national companies that operate there.

"We have a common interest in build-ing strong unions around the world,unions that can work together to demandcorporate accountability and respect forworkers rights," Zelinski said.

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News BytesNews Bytes

DuPont Abandons Nerve Gas PlanuPont Corp. has abandoned a plan — opposed by the USW and communityleaders — to treat a highly dangerous nerve gas waste at its Chambers Worksplant in New Jersey.

The USW has opposed the plan to treat the VX nerve agent since 2005 and mostrecently spoke out against it at DuPont's shareholders meeting in May 2006.

It was the second time in a year that DuPont scuttled plans to secure lucrative gov-ernment contracts. It previously dropped a bid to operate the Savannah River nuclearcomplex after the USW called attention to DuPont's lousy environmental and safetyrecord during 40 years of managing the site.

Stan JohnsonNew Director of District 9

tan Johnson is the new director of theUSW's District 9. He succeeded for-mer Director Connie Entrekin, who

has agreed to work as a special assistant toUSW President Leo W. Gerard.

A native of Springfield, Tenn., Johnsonstarted his career as a production worker forPirelli Armstrong Tire, where he heldvarious local union offices includingpresident of United Rubber WorkersLocal 670.

After the URW's 1995 merger with theUSW, Johnson served in Pittsburgh asNational Rapid Response Coordinator,director of the Dislocated Workers Program,assistant to the International President,assistant to the International Secretary-Treasurer and special assistant to theInternational President for Organizing.

Johnson relocated to Cornelius, N.C. inearly 2003 as Sub-District Director. Helater moved to Birmingham, Ala., where hewas subsequently appointed AssistantDirector ofDistrict 9.

District 9 covers Alabama,Florida, Georgia,Mississippi,North Carolina,South Carolina,Tennessee, andthe VirginIslands.

USW Wins $1.3 Million for Employees and Retireeseveral hundred former employees and retirees of an aluminum smelter inHawesville, Ky., now represented by the United Steelworkers, are entitled toshare the $1.3 million proceeds of a stock distribution from the reorganization

of a mutual insurance company into a stock company, a federal appeals court hasruled.

The favorable ruling for the union came from the United States Court of Appealsfor the Sixth Circuit. Last November, it reversed a previous decision in favor ofSouthwire, a former owner of the smelter that had been issued in 2004 by a federalcourt in Kentucky.

"This ruling brings to a close one of our last remaining chapters with Southwire,''said Gary Erwin, vice president of USW Local 9423. "We are delighted that the courtruled in this manner, as our retirees and members stand to recoup some of what waslost under our former employer."

The Appeals Court cited Kentucky law and the demutualization plan adopted byPrudential Insurance in making its decision to send the case back to district court forfurther proceedings consistent with the new opinion.

The smelter has been owned since 2000 by Century Aluminum, which alsoclaimed a right to the funds but stated that if it prevailed it would give the funds toemployees and retirees.

Women of Steel bring joy to disabled girln addition to lending support in labor disputes, participating in legislative actionsand contributing to their own basic union functions, USW Local 9477 in Marylandhelps with the important job of building the union's image in the community.Each year members of the Women of Steel committee write down the charities they

wish to support and pick one by holding a drawing. The one chosen gets the proceedsfrom an event the women organize.

This year the winner was the Sunshine Foundation, which bills itself as "the originalwish-granting organization." The Women of Steel wanted tosponsor someone locally, so the charity promoted 7-year-oldGabriella Corbett of Perry Hall. She was born with spina bifidaand uses a wheelchair. Her wish was to go to Disney World.

To fulfill her dream, the Women of Steel held their secondannual Halloween dance and raised over $3,000 to send Gabby,her parents and older brother to Disney World in Florida.

"She was so appreciative and kept saying 'thank you' overand over again," said Kathy Garrison, chair of the Local 9477Women of Steel committee. "It was very worthwhile to seeGabby smile and giggle."

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Holly Hart Appointed USW's Chief Lobbyistashington, D.C. veteran Holly Hart has been named the USW'snew legislative director. She succeeds William Klinefelter, whoretired last year after holding the position for 10 years.

Hart, who has served in the USW Washington office since 1991, is thefirst woman to act as the USW's chief lobbyist. She became a legislativerepresentative in 2000, and assistant director last March.

Her legislative priorities have included stopping bi-lateral U.S. tradeagreements that lack enforceable labor and environmental standards. Shealso helped to develop the USW's legislative intern program, which hastrained nearly 200 members.

Hart began her USW career in 1973 as an administrative assistant inReading, Pa., later moving to Harrisburg to work for the USWPennsylvania legislative committee, which represented 100,000 workersstatewide.

USW Local in ArubaReaches Agreement

alero Energy Corp., the largest U.S.refiner of petroleum products,reached agreement on a five-year

labor contract with USW-represented work-ers at its plant in San Nicholas, Aruba.

The December settlement included asubstantial pay increase and ended a six-daystrike by USW Local 1961, which repre-sents 328 of the refinery's workers.

The contract raised pay for the Arubaworkers to about half the level of Valerorefinery employees in the United States,said Francis Croes, a spokesman for thelocal.

"We wanted a piece of the energy indus-try's record profits, and we got our fairshare,'' Croes said.

The local union, formerly theIndependent Oil Workers Union of Aruba,affiliated with the USW last year. It has rep-resented workers at the refinery since 1961.

Calling a Scab a Scab Wins Compensationational Fuel Services (NFS) in Erwin, Tenn., hasagreed to compensate a salaried employee dis-charged last year for referring to a replacement

worker who crossed a USW picket line during a strike as ascab.

The USW helped Kim Gordon file a charge for wrongfultermination against NFS with the National Labor RelationsBoard after she was fired. Her termination letter cited a lackof respect for newly-hired strikebreakers.

Some 375 members of USW Local 9697 struck on May15, 2006, over unfair bargaining and remained on strikeuntil October when they made an unconditional offer toreturn to work.

NFS insisted the settlement agreement with Gordon con-tain no admission of guilt. Gordon received a reference,fully-paid family insurance until June 2007 and full backpay plus damages.

USW Participates in Lung Cancer Studyung cancer can be detected at its very earliest stage in 85 per-cent of patients using annual low-dose CT screening, and,when followed by prompt surgical removal, the 10-year sur-

vival rate is 92 percent.Those study conclusions are the fruit of an international collabo-

ration, the International Early Lung Cancer Action Project, among38 institutions in seven countries including the United Steelworkers.The USW study involved scanning 6,220 U.S. Department ofEnergy Workers at DOE gaseous diffusion plants in Oak Ridge,Tenn., Portsmouth, Ohio, and Paducah, Ky.

Mike Wright, USW director of health, safety and environment,said the union will work to incorporate low-dose CT screening intoOSHA standards and corporate medical programs.

"The best way to stop cancer is through prevention by eliminat-ing the hazardous exposures which cause it,'' Wright said. "But thisstudy is good news for millions of workers at risk from past exposures."

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mports of coated freesheet paperfrom Indonesia, China and SouthKorea are harming American jobs

and the domestic paper industry, accord-ing to a preliminary finding by the U.S.International Trade Commission (ITC).

The growing influx of low-pricedfreesheet products from Asia have hurtdomestic operations like NewPageCorp.'s paper mill in Luke, Md., whichis shutting down its No. 7 paper machineat the end of March. An estimated 130USW-represented jobs will be lost.

Tom Caldwell, a sheeter operator andpresident of USW Local 676 at LukePaper, told the ITC at a recent hearingthat the 130 jobs are being eliminatedbecause of unfairly traded imports.

The USW represents about 1,100employees at Luke, the largest employerin Allegany County, Md. "It's going tobe very difficult for our members who

are laid off to find new jobs in the area,''Caldwell said.

After the company idles the No. 7machine, which was installed in 1904and modernized several times, two papermachines capable of producing 550,000tons of coated paper annually willremain in operation.

Luke Paper's previous owner,Westvaco Corp., merged with MeadCorp. in 2002. Several hundred job cutsfollowed the merger. A year ago lastJanuary, MeadWestvaco sold its paper-making business to a private investmentfirm in New York. The new companybegan operating as NewPage last May.

USW President Leo W. Gerard calledthe ITC finding an "important first step"in safeguarding American jobs fromunfair foreign competition.

Gerard said he expects the next inves-tigative phase by the U.S. Commerce

Department will establish that foreignproducers are dumping and foreign gov-ernments are subsidizing expandedpaper-making capacity.

"The Commerce Department took animportant first step in initiating a coun-tervailing duty case to examine Chinesesubsidies," Gerard said. "We believe ourgovernment must enforce the anti-sub-sidy laws with all countries. ExemptingChina from the application of U.S. coun-tervailing duties would make a mockeryof our trade laws."

Coated freesheet paper is used inmany high-end commercial printingapplications. End uses include annualreports, coffee table books, magazinesand brochures.

The USW represents more than275,000 workers in the paper andforestry products’ industries.

teelworkers may pay with theirjobs for an International TradeCommission (ITC) ruling that

revokes tariffs on corrosion-resistantsheet steel used by auto and appliancemakers.

The ITC voted 4 to 2 in December toremove the duties on steel from fourcountries — Australia, Canada, Franceand Japan. Steel from Germany andKorea will remain subject to the tariffs,the ITC ruled.

The decision was a blow to bothworkers and domestic steel producers,who at year's end were troubled by soft-er prices, excess inventory and continu-ing record levels of imports.

The tariffs were put in place 13 yearsago after waves of unfairly tradedimports contributed to plant closings,bankruptcies and lost jobs and benefitsfor thousands of American steelworkers.

"We made a lot of sacrifices to keepthis industry alive in the face of unfairtrade — workers lost their jobs, theirretirement security, and their healthcare,'' said Pete Janicki, president ofUSW Local 2227, which represents pro-duction workers at U.S. Steel's Irvin

Works near Pittsburgh. "We need tohonor that sacrifice by demanding ourtrade laws be enforced."

USW President Leo W. Gerard, andVice President Tom Conway, who bothtestified in favor of the tariffs, said thevote turns back the clock on America'ssteelworkers and once more puts us atthe mercy of foreign producers whohave routinely taken advantage of theopen market in the United States.

"We appreciate the important orderskept in place, but wiping out the rest ofthese orders will force us to competewith dumped and subsidized imports andputs the industry's ability to continueinvesting in the future very much atrisk," Gerard said.

Steel auto showdownThe case was essentially a showdown

between U.S. steelmakers and the autoindustry, which argued that the steelindustry no longer needed protection.

DaimlerChrysler AG, Ford Motor Co.,General Motors Corp., Honda MotorCo., Nissan Motor Co. and ToyotaMotor Corp. had joined together on atrade case for the first time, arguing that

they had been forced to pay additionalcosts since 2004 because of higher steelprices.

U.S. steelmakers argued the higherprices more accurately reflected the costof raw materials and production, plusthey needed to maintain the tariffs toprevent the kind of dumping of low-priced and subsidized imports that hadnearly destroyed them in the 1990s.

From 1997 to 2004, an estimated 45steel manufacturers, about 40 percent ofthose operating in the United States,filed for bankruptcy court protection,partly because of the influx of low-priced foreign steel.

Along the way, more than 85,000jobs were lost in steel regions includingPennsylvania, Ohio, Michigan, Indiana,Illinois and West Virginia.

Separately, the domestic industry andthe USW are pressing the Bush adminis-tration and Congress to stop subsidizedsteel imports from China.

Government subsidies have fueled adoubling of Chinese steel productionover the last three years to more than400 million tons in 2006.

Trade Commission Finds Imports Harm U.S. Paper IndustryChina, Indonesia, South Korea Causing Injury

Steelworkers SlammedDuties Removed on Unfairly Traded Sheet Steel Used in Autos, Appliances

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U S W @ W o r k • w i n t e r 2 0 0 7 39

More tax breaks for the richIn those dark days after Christmas,

when all those bills for gifts startedrolling in, the Congressional BudgetOffice (CBO) offered this bit of goodnews for the rich: Bush's tax cuts havemade it easier for them to stockpile theirwealth. The nonpartisan CBO reportedthat federal tax rates declined mostsharply for families earning more than $1million. In contrast, the CBO found thattax rates for middle-income people edgedup in 2004. If that doesn't make you feelall warm and fuzzy, a report by the direc-tor of the Center for Labor MarketStudies at Northeastern University might.Director Andrew Sum noted that fiveWall Street firms planned to distribute$36 to $44 billion (yes, with a "b") inholiday bonuses. The nation's 93 millionworking stiffs saw no such year-end tip.In fact, over the past six years, their com-bined real annual earnings rose a total of$15.4 billion. So over six years, 93 mil-lion working Americans shared less thanhalf of what 173,000 Wall Streetersreceived as bonuses this year alone. Notcounting their whopping tax cuts.

SEC fattens fat cats'Twas the Friday before Christmas,

when all through the House, not a crea-ture was stirring, not even a corporatelobby-louse. Executives hung golf bagson chimneys with care; in hopes theSecurities and Exchange Commissionwould soon give them a share. Whenwhat to their wondering eyes shouldappear, but a miniature SEC press releasewithout notice or public vote. The SECgift was a change to its rule for reportingexecutive pay. Top dogs would not berequired to report the total value of stockoption grants in one year. Instead, theycould spread the value over several years'reports, a scheme that will make thewindfalls appear smaller. Happy

Christmas to all CEOs and to all a fatterchecking account.

The check is in the mail. . . Well, maybe your tax rebate check was

in the mail. But now Bush claims he canopen your mail — without a warrant — ifhe thinks there are tough circumstances— like maybe he wants that check backto help pay off the monumental nationaldebt he created by cutting the taxes ofmillionaires. Bush awarded himself thepower to open mail without a warrant justby saying he could do it in a statement heattached to a new piece of postal legisla-tion in December. Federal law requiresgovernment agents to persuade a judge toissue a warrant to allow them to openfirst-class letters. Agents could alwaysbypass this requirement if they believed aticking package contained a bomb. Inless-tense cases, agents must explain theirconcerns to a judge, who considers citi-zens' rights to privacy and free speechwhen mulling whether to grant therequest. Bush claims he doesn't have tobother with that judge-smudge stuff. Mailstill will be delivered through rain or hail,sleet or dark of night, but Bush may rip itopen first.

Checks that shouldn't be mailedA small number of Colorado teachers

are demanding that the state's teachersunion put checks in the mail constantly.And they've taken their case all the wayto the U.S. Supreme Court, which heardarguments in January. In Colorado, teach-ers don't have to join the union, but theymust pay a fee to cover the value of bar-gaining the union dues for them. Thenon-union teachers are permitted to for-bid that any part of their fees be used forpolitical activity by the union. So twice ayear, the union mails the non-unionteachers letters asking if they want thatportion of their money back. That's notgood enough for the non-union teachers,who account for only four percent of thestate's 80,000 instructors. The non-unionteachers, supported by the state ofColorado and the Bush administration,want the union to be forced to specifical-ly seek permission from each non-union

teacher before money is spent on a politi-cal cause. This dispute could affect politi-cal activity by unions everywhere. TheColorado Supreme Court backed theteacher's union, but what's the chanceBush's stacked Supreme Court will?

Decider or flip-flopper? Despite being "the Decider" and a

cowboy-hat-wearing Texan, PresidentBush has demonstrated some difficultylately sticking to his guns. You mighteven say he flip-flopped, a trait hedescribed as a fatal flaw in hisDemocratic Presidential opponent, JohnKerry. First there was that whole "staythe course" reversal, and now he'srescinded his contention that he didn'tneed judicial approval for domestic sur-veillance.

Americans heard Bush assert forthree years that the county needed to"stay the course" in Iraq. His administra-tion said those seeking troop withdrawalwanted to cut and run when "stay thecourse" was essential. There was theAug. 30, 2006 speech Bush made to theUtah Air National Guard when he said,"We will stay the course. We will helpthis young Iraqi democracy succeed." Ayear earlier, on Aug. 4, during a speech athis Texas ranch, Bush said, "We will staythe course. We will complete the job inIraq." A year before that, during a pressconference at the White House on April13, he said, "And, yet, we must stay thecourse because the end result is in ournation's interest." And four months beforethat, on Dec. 15, 2003, during anotherWhite House press conference, Bushsaid, "We will stay the course until thejob is done." Then, suddenly, in an inter-view in October 2006, he said, "Well,hey, listen, we've never been stay thecourse."

Then, in January, Bush announcedthat he'd no longer listen to American'stelephone calls without a judge's permis-sion. He'd insisted that as the Presidenthe didn't need judicial review. But afterbeing sued by civil rights groups andafter Democrats took control ofCongress, he copped a plea.

CAPITOL LETTERSCAPITOL LETTERSThe inside scoop on what's going down in D.C.

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Have You Moved?Notify your local union financial secretary, or clip out this form

with your old address label and send your new address to: USW@Work

USW Membership Department, 3340 Perimeter Hill Drive, Nashville, TN 37211

Name

New Address

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Don Captain re-manufactures amotor at Harley’sCapitol Drive plant.

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